The lawful use of any structure or land existing
at the time of the enactment of this chapter may be continued although
such structure or use does not conform with provisions of this chapter
subject to the following conditions and exceptions:
A.
Abandonment. A nonconforming use which has been abandoned
or discontinued for a period of two years shall not be reestablished
and any further use shall conform with this chapter, except in cases
of land used for agriculture, horticulture or floriculture where such
nonuse shall have existed for a period of five years.
B.
Alterations. A nonconforming structure may not in
any one year be altered except as ordered by the Building Commissioner
to make it safe, or repaired in any ten-year period to the extent
that the cost of such alterations exceeds 50% of the market value
of the structure determined by the Building Commissioner at the time
of the change.
C.
Extension. No increase in the area or extent of the
nonconforming use of a structure or land may be made.
D.
Restoration. No nonconforming structure damaged by
fire, storm or other causes to the extent of 75% of its replacement
value as determined by the Building Commissioner shall be repaired
or rebuilt except in conformity with this chapter, and further provided
that such restoring shall be complete within two years after such
catastrophe.
E.
Changes. Once changed to a conforming use, no structure
or land shall be permitted to revert to a nonconforming use. On special
permit from the Zoning Board of Appeals, the use of the premises may
be changed from one nonconforming use to another which is no more
objectionable to the neighborhood.
F.
The construction of a building or operation of land
use under a building permit or special permit shall conform to any
subsequent amendment to the chapter adopted after the issuance of
the permit unless such construction or operation commences within
a six-month period beginning with issuance of the building permit
or special permit.
[Amended 3-23-1968 ATM by Art. 58; 4-3-1971 ATM by Art.80; 2-9-1978 STM by Art.
2; 5-7-1988 STM
by Art. 7; 5-9-1989 ATM by Art. 19; 12-10-1992 STM by Art.1; 2-11 2004 STM by Art. 16].
Buildings and uses, which are customarily incidental
and subordinate to the uses allowed as permitted uses in any zone
are allowed as accessory buildings and uses, except as expressly restricted
or prohibited in this chapter. Accessory buildings and uses are subject
to the provisions of this section.
A.
Accessory buildings and uses must comply with the
following provisions:
(1)
No accessory building or use shall have no more than
700 square feet of floor area;
(2)
No accessory building or use shall exceed 20 feet
in height, or be higher than the principle building, whichever is
lower;
(3)
No accessory building or use shall be allowed in a
required front yard or in the area between two lines drawn from the
principle structure at its widest point to the lot frontage, and perpendicular
to the frontage line of the lot, except that permitted signs or roadside
stands may be located within a required front yard area;
(4)
No accessory building or use shall lie closer than
five feet to any lot line and shall not be built over an easement.
(5)
Accessory buildings shall be built in accordance with
building codes;
(6)
These provisions regarding accessory buildings shall
not apply to barns or other agricultural structures that are used
for agricultural purposes exempt under MGL c. 40A § 3.
B.
Structures for the keeping of animals. A structure,
including an open pen or other enclosure designed, intended or used
for the shelter or enclosure of one or more animals, except where
such structure is an allowed principal building, shall not be allowed
except as follows:
(1)
It shall be located only in a rear yard and shall
be no closer to any boundary line constituting frontage than the most
distant point of the principal building from that boundary line.
(2)
It shall be located no closer than five feet from
any property line and 20 feet from any dwelling or occupied structure.
(3)
It shall be constructed only upon application for
a permit showing receipt of any necessary permission for the keeping
of such animals from all applicable regulatory agencies.
C.
Activities necessary in connection with scientific,
research, scientific development or related production shall be permitted
as an accessory use by special permit in any district, provided that
the special permit granting authority finds it does not substantially
derogate from the public good.
D.
Swimming pools.
(1)
Swimming pools are a permitted accessory use. If having
a depth of four feet or more and a capacity of 400 cubic feet or more,
they are considered structures and must comply with regulations of
the Board of Health regarding minimum standards for residential swimming
pools.[1]
(2)
Every outdoor swimming pool considered to be a structure
whether or not filled with water shall be completely surrounded at
all times by a fence or wall not less than four feet in height above
grade, which wall may be the pool wall itself.
(3)
Every such fence or wall shall be so constructed as
to not have openings, holes or gaps larger than four inches in any
diameter, except for doors, gates and picket fences; in the latter
case, however, the gaps between pickets shall not exceed four inches.
All primary enclosures shall be securely fastened to the ground. Such
enclosures shall be constructed of either a four-inch chain link fence
or a solid stockade fence.
(4)
All gates or doors opening through such enclosures
shall be of not less than four feet in height and shall be equipped
with a self-closing and self-latching device located at least four
feet above the underlying ground and inaccessible from the outside
to small children. Every such gate or door shall be kept latched at
all times when the swimming pool is not in use and any ladders removed.
[Amended 3-25-1967 ATM by Art. 55; 3-28-1970 ATM by Art. 57]
A.
Home occupations are permitted only if conforming
to the following conditions:
(1)
The home occupation shall be accommodated within an
existing structure without extension thereof.
(2)
No more than 25% of the floor area of the residence
shall be used for the purpose of the home occupation.
(3)
Not more than one person not a member of the household
shall be employed on the premises in the home occupation.
(4)
There shall be no exterior display, no exterior storage
of materials, no outside parking of commercial vehicles and no other
exterior indication of the home occupation or other variation from
the residential character of the principal building other than an
unlighted sign not to exceed one square foot in area.
(5)
No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced. (See § 198-24.)
(6)
Traffic generated shall not exceed volumes normally
expected in a residential neighborhood.
(7)
The parking generated shall be accommodated off street,
but not more than two parking spaces shall be located within a required
front yard.
B.
C.
Occupations permitted as home occupations without
necessity of a special permit include fine art studios, dressmaking,
millinery, teaching of not more than four pupils simultaneously (or,
in the case of musical instructor, of not more than a single pupil
at a time), professional offices of a physician, dentist, lawyer,
engineer, architect or accountant, public stenography, arts and crafts,
telephone sales, office for telephone and correspondence of business
otherwise conducted elsewhere, real estate office, photo studio or
similar occupations.
[Amended 12-10-1992 STM by Art. 1]
No activity shall be permitted in any district
unless it can be demonstrated that its operation will be conducted
so that the following standards will be meet:
A.
No noise, sound from public address or other amplification
systems, vibration, odor or flashing shall be normally perceptible
more than 400 feet from the premises if in an industrial district,
more than 100 feet from the premises if in a business district and
more than 20 feet from the premises if in another district.
B.
Interferences originating in an industrial district
shall not normally be perceptible more than 150 feet within a business
district, nor more than 100 feet within a residential district.
[Amended 5-13-1978 ATM by Art. 55]
A.
No portion of the front or side lines of a public
garage, automobile repair shop, greasing station, storage battery,
service station or gasoline filling station, or any of their appurtenances
or accessory uses, shall hereafter be placed within 50 feet of any
residence district. No driveway to such premises shall be in any part
within 50 feet of any residential district. No such premises shall
have any driveway entrance or exit for motor vehicles within 300 feet
of the property used by any public or private school, public library,
church, playground or institution for the sick or dependent or for
children under 16 years of age.
B.
Every filling station shall hereafter be located not
less than 15 feet inside the building line, and no filling shall be
done except into cars standing on the property of the filling station.
C.
A yard, building or other facility for the storage,
display, dismantling, junking or similar disposal or use of overage
or wrecked motor vehicles shall be classed as an industrial use. Automobile
services permitted as a commercial use shall include gasoline filling
stations supplying fuel, oil and automobile accessories to motor vehicles,
lubrication and minor repair services.
D.
Repairs requiring removal of motors, transmissions,
differentials or similar major elements are permitted if within the
building interior. Body work and painting are not allowed uses nor
external storage of more than six vehicles requiring repair. The exterior
storage of any parts, including tires and used automotive and body
parts, is not a permitted use.
[Added 3-25-1967 ATM by Art. 56; amended 3-16-1974 by Art. 91; 5-2-1998 STM by Art.
29]
A.
Authority. This section is adopted pursuant to the
authority conferred upon the Town by MGL c. 40A, MGL c. 93, § 29,
and MGL c. 143, § 3. Nothing in this chapter shall be construed
to abrogate the town's control under MGL c. 87, § 9, governing
signs placed on shade trees enforceable by the Tree Warden or the
town's control under MGL c. 85, § 8, governing signs placed
within a public way enforceable by the Selectmen or under the Building
Code.
B.
Purpose. The sign regulations section is designed
to provide standards for the installation of signs so as to reduce
traffic safety hazards, protect property values, promote economic
development and encourage the creation of an aesthetic appearance
along the street frontages in the Town of Fairhaven. The sign regulations,
as set forth in this section, are designed to be both logical and
equitable for the various uses and identification needs. These sign
standards and regulations help to effectuate an aesthetic and safe
street environment. Restrictions on type, location and size of signs
protect the public from hazardous and distracting devices.
C.
General regulations.
(1)
Regulations. No sign permit or license shall be required for the signs listed in Subsection C(2) of this section, provided that:
(2)
Signs exempt from permit and license requirements.
(a)
Balloons less than 24 inches in diameter.
(b)
Building markers and historic or commemorative
plaques are exempt from obtaining a permit and license.
(c)
Construction signs. One temporary freestanding
construction sign or wall sign per project construction site is exempt
from obtaining a permit and license on each street frontage of the
project, subject to the following conditions:
(d)
Flags, noncommercial.
(e)
Garage sale signs.
(f)
Home improvement/home construction/home remodeling
signs are exempt from obtaining a permit and license, provided that:
[1]
There shall be only one such sign not exceeding
32 square feet in total surface area and four feet in height for each
lot.
(g)
Interior signs.
(h)
Murals.
(i)
Official signs and notices.
(k)
Political signs.
(l)
Public utility signs.
(m)
Real estate signs are exempt from obtaining
a permit and license, provided that:
[2]
Real estate signs for all other uses.
[a]
General provision. The real estate
sign shall be located on the site for sale or for lease.
[b]
The site may elect one of the following options, subject to provisions of the clear view triangle area as defined in § 198-26G(1).
[c]
Real estate signs shall be included
as part of the square footage calculations for permanent signs.
(n)
Residential name plates are exempt from obtaining
a permit.
(o)
Window signs. Signs within a retail display
window or attached thereto, provided that they do not exceed a maximum
of 25% of any retail display window.
(3)
Signs prohibited in all districts.
(a)
Signs which interfere with official signs and
traffic control devices prohibited.
[1]
No person shall be permitted to place a sign
which prevents the driver of a vehicle from having a clear and unobstructed
view, from an adequate and safe distance, of any official sign or
approaching or merging traffic.
[2]
No sign or sign structure shall be permitted
which attempts or appears to attempt to direct the movement of traffic
or which interferes with or obstructs the view of, or can be confused
with, imitates or resembles any official traffic sign, signal or device.
[3]
No rotating beam, moving letter signs in which
the letters change more often than once per hour, except for time
or temperature, beacon or flashing illumination resembling any emergency
light shall be used in connection with any sign display, unless the
sign is a traffic control sign, a public utility sign or a public
notice.
(b)
Interference with intersections prohibited. No sign or sign structure shall be located in such a manner as to materially impede the view of any street or highway intersection. (See § 198-26G(1), Clear view triangle.)
(c)
Signs on natural features and utility poles
prohibited. No sign shall be permitted to be painted on, attached
to or maintained upon utility poles, trees, shrubs, rocks or other
natural features, except that historical or commemorative plaques
may be mounted in rocks, and that "No Trespassing," "No Hunting,"
"Property Boundary" or "Ownership" signs may be mounted on trees,
rocks, shrubs or other natural features.
(d)
Portable billboard not allowed except for grand
openings and not to exceed seven calendar days.
(e)
Flashing signs prohibited. Flashing signs shall
be prohibited.
(f)
Shimmering signs prohibited. Shimmering signs
shall be prohibited.
(g)
Any sign emitting sound shall be prohibited.
(h)
Any off-site identification sign or advertising
sign unless otherwise herein provided shall be prohibited.
(i)
Signs that exceed the requirements listed below.
(j)
Signs to which MGL c. 93 § 30, applies,
displaying commercial messages, are prohibited.
(4)
Freestanding signs, building identification signs,
sign structures, poles and other related equipment that have been
abandoned for more than two years shall be removed.
(5)
Illumination of signs.
(a)
Interference with traffic. No lighting shall
be permitted to be used in any way in connection with a sign unless
it is effectively shielded so as to illuminate the sign surface only
and to prevent beams or rays of light from being directed at any portion
of the main-traveled way of the public roadway or onto any residential
property, or is of such low intensity or brilliance as not to cause
glare or to impair the vision of the driver of any motor vehicle,
or to otherwise interfere with any driver's operation of a motor vehicle.
(b)
Underground electrical service. All illuminated
freestanding identification signs shall have underground electrical
service unless evidence is provided that the local electric utility
will not permit such underground service.
(c)
Any sign which is externally illuminated shall
be a minimum distance of 100 feet between the leading edge of the
illuminated sign and an adjoining residential property line.
(d)
In locations where the stated setback requirements
front residential uses or districts cannot be met, then illumination
of signs must be turned off between the hours of 11:00 p.m. and 6:00
a.m.
D.
Design regulations for signs requiring a sign permit.
(1)
Residential, Agricultural and Park Zoning Districts
(RA, RB, RC, A, P).
(a)
Regulations for freestanding identification signs. All freestanding identification signs shall be located on the site of the use and are subject to any additional provisions of § 198-26G, Sign location and basic design elements for specific building identification signs.
[2]
Maximum sign height.
[a]
No part of the sign face or the
sign support structure of a freestanding sign shall be more than eight
feet above the average grade of the site.
[3]
Maximum sign area and number of signs.
[a]
Residential uses (neighborhood
identification). Two freestanding signs shall be permitted with a
maximum allowable size of 40 square feet each per neighborhood.
[4]
Illumination. Only external illumination shall be permitted. See § 198-26C(5) for additional provisions on illumination.
(b)
Regulations for building identification signs. All building identification signs shall be located on the site of the use and are subject to any additional provisions of § 198-26G, Sign location and basic design elements for specific building identification signs.
[1]
Wall signs.
[a]
Where permitted.
[i]
Residential uses. Wall signs shall
be permitted for residential nameplates only.
[ii]
Nonresidential uses.
[A]
Wall signs shall be permitted.
[B]
Projecting/hanging or suspended
signs. One projecting/hanging or suspended sign shall be permitted
not to exceed 10 square feet per sign. A minimum clearance of 10 feet
above the sidewalk shall be required for pedestrians.
[C]
Awning signs. Awning signs shall
be permitted, provided that no awning shall extend above the roof
line and no awning sign shall be allowed above the first floor of
the building.
[D]
Canopy signs. Canopy signs shall
be permitted, provided that the sign shall be located on the facades
of the canopy fronting on a public street.
[b]
Maximum size and number of signs.
[i]
In addition to the permitted freestanding
sign for a public street frontage, a nonresidential use in a residential
district may elect to have a wall sign oriented towards that public
street frontage. The maximum allowable sign surface area for the wall
sign shall not exceed 10% of the area of the elevation.
[c]
Distance from side or rear lot
line. A wall sign is allowed only on a wall facing a public street.
A wall entrance sign is not required to face a public street.
[d]
Illumination. Only external illumination shall be permitted. Halo effect lighting shall be permitted. See § 198-26C(5) for additional provisions on illumination.
[2]
Marquee signs. Marquee signs shall not be permitted.
[3]
Suspended signs. Suspended signs shall not be
permitted.
[4]
Message centers. Message centers shall not be
permitted.
(c)
Other signs. All other signs shall be located
on the site of the use.
(d)
Prohibited signs. See § 198-26C(3).
(2)
Business and Industrial Zoning Districts.
(a)
Regulations for freestanding identification signs. All freestanding identification signs shall be located on the site of the use and are subject to any additional provisions of § 198-26G, Sign location and basic design elements for specific building identification signs.
[1]
For buildings, shopping centers or planned developments
with a gross floor area of greater than 15,000 square feet.
[a]
Freestanding signs shall be permitted.
Message centers shall be permitted as part of freestanding signs,
provided that no moving letter signs in which the letters change more
often than once per hour, except for time or temperature, are allowed.
[b]
Maximum sign height. No part of
the sign face or the sign support structure shall be more than 22
feet above the average grade of the site.
[d]
Illumination. Illumination shall be permitted. See § 198-26C(5) for additional provisions on illumination.
[2]
For buildings, shopping centers or planned developments
with a gross floor area of 15,000 square feet or less.
[a]
Freestanding signs shall be permitted.
Message centers shall be allowed as part of freestanding signs, provided
that no moving letter signs in which the letters change more often
than once per hour, except for time or temperature, are allowed.
[b]
Maximum sign height. No part of
the sign face or the sign support structure shall be more than 16
feet above the average grade of the site.
[c]
Maximum sign area and number of
signs. One freestanding identification sign shall be allowed per site
per public street frontage. The maximum sign surface area shall be
60 square feet.
[d]
Illumination. Illumination shall be permitted. See § 198-26C(5) for additional provisions on illumination.
(b)
Regulations for building identification signs.
All building identification signs shall be located on the site of
the use.
[1]
The following regulations apply to single tenant
buildings or to tenant spaces in multiple tenant buildings.
[a]
Any combination or number of building identification signs may be utilized, so long as the total surface area of signs on a particular building facade does not exceed the percentages noted below, and subject to any additional provisions of § 198-26G, Sign location and basic design elements for specific building identification signs.
[b]
Building identification signs are
allowed only on facades serving as the primary public entrance to
a building.
[c]
Building identification signs shall
include:
[i]
Wall signs: shall be permitted.
[ii]
Projecting or suspended signs.
One wall, projecting or suspended sign, not to exceed 10 square feet
per sign, shall be permitted for each separated business unit in the
development. A minimum clearance of 10 feet above the sidewalk shall
be required for pedestrians. Exception: For buildings, shopping centers
or planned developments with a gross floor area of less than 15,000
square feet, in lieu of a freestanding sign, one projecting sign not
to exceed 60 square feet shall be allowed.
[iii]
Awning signs, provided that no
awning shall extend above the roof line and that no awning sign shall
be allowed above the first floor of the building.
[iv]
Canopy signs, provided that the
sign shall be located on the facades of the canopy fronting on a public
street.
[v]
Marquee signs. One theater marquee
shall be allowed on the premises or entrance to the premises of a
theater or group of theaters sharing a premises. Changeable letters
or symbols shall not exceed six inches in height. A minimum clearance
of 10 feet above the sidewalk level shall be required for pedestrians.
[vi]
Roof signs and roof integral signs
shall be permitted, provided that the sign shall be located facing
a public street and that no portion of the sign shall extend above
the highest portion of the roof line.
[vii]
Message centers shall be permitted
as a part of building identification signs, provided that no moving
letter signs in which the letters change more often than once per
hour, except for time or temperature, are allowed.
[d]
Maximum size and number of signs.
[i]
The maximum sign surface area for
building identification signs shall not exceed 10% of the area of
the elevation.
[ii]
In addition to the above, the
linear measurement of the sign shall not exceed 80% of the linear
frontage of the applicable facade of the structure or tenant space.
[iii]
Illumination, illumination shall be permitted. See § 198-26C(5) for additional provisions on illumination.
(c)
Additional regulations for gasoline service stations. In addition to the regulations in Subsection D(2)(b) above:
[1]
Service area canopy sign: maximum size and number
of signs. Service area canopy signs are considered wall signs. Sign
size shall be computed as above.
[2]
Spandrel sign: maximum size and number of signs.
The maximum sign surface area shall not exceed two square feet per
dispensing station regardless of the number of hoses. The signage
allowed per dispensing station may be combined into one sign on the
spandrel. Signage is permitted on only two sides of the spandrel.
[3]
Pump island signs. In lieu of the spandrel sign,
the gasoline service station may elect pump island signs or pump toppers.
Pump island signs of two square feet or less are allowed without permits.
Pump island signs greater than two square feet are not allowed. Signage
is permitted on only two sides of the pump island sign.
[4]
No pennants or other similar attracting or advertising devices shall be permitted except as noted in § 198-26E, Temporary signs.
[5]
Signs on perimeter poles. Signs placed on perimeter
poles or other structures or that are not expressly permitted in this
section shall be strictly prohibited.
[6]
Operator identification. Operator identification
signs shall be located on the building only with a maximum dimension
of six square feet.
(d)
Other signs. All other signs shall be located
on the site of the use unless specified otherwise.
(e)
Prohibited signs. See § 198-26C(3).
E.
Design regulations for temporary signs requiring a
sign permit.
(1)
On-site temporary signs.
(a)
Temporary signs shall include, but not be limited
to, banners, commercial flags, balloons, stringers, movable sandwich
boards and similar devices.
(b)
Maximum size and number. One banner shall be
allowed per street frontage and shall be oriented towards that street
frontage. The maximum size per banner shall be 100 square feet.
(c)
Maximum height and minimum setbacks. Any temporary
signs shall maintain a minimum setback of 20 feet from any street
line. No temporary sign shall be placed above the highest outside
wall.
(d)
Design. Stringers and balloons may be used with
the banner for business promotions. No balloon may be elevated higher
than the sign height restrictions applicable to the district within
which it is to be used.
(e)
Time period for signage. Temporary signs may
be used for a maximum of 15 days per permit; only one permit shall
be issued per business per year.
(f)
Window signs meeting the requirements of § 198-26C(2)(n) shall not be considered temporary signs.
(2)
Off-site temporary signs. Off-site temporary signs
shall not be permitted.
F.
Computations.[1]
(1)
Computation of sign surface area of individual cabinet
or panel signs. To compute the area for a sign face: compute by means
of the smallest, rectangle that will encompass the extreme limits
of the copy, representation, emblem or other display, together with
any material or color forming an integral part of the background of
the display or used to differentiate the sign from the backdrop or
structure against which it is placed, including supporting framework,
but not including any poles, bracing or decorative fence or wall when
such fence or wall otherwise meets zoning ordinance regulations and
is clearly incidental to the display itself.
(2)
Computation of sign surface area of individual signs
of individually mounted letters or symbols. When a sign is composed
of individually mounted letters or symbols, the sign surface area
shall be determined by means of the total of the smallest rectangle
that will encompass all letters, representation, emblems or other
display, including the wall area behind said letters, representations,
emblems or other displays.
(3)
Computation of sign surface area of multifaceted signs.
The sign surface area for a sign with more than one face shall be
computed by adding together the sign surface area of all sign faces
visible from any one point. When two identical sign faces are placed
back-to-back, or at no greater than 15° from one another, so that
both faces cannot be viewed from any point at the same time, and when
such sign faces are part of the same sign structure and are not more
than 42 inches apart, the sign surface area shall be computed by the
measurement of one of the faces.
[1]
Editor's Note: This subsection also includes
drawings which help illustrate its provisions. Said drawings are on
file in the Town Clerk's office and may be examined there during regular
office hours.
G.
Sign location and basic design elements for specific
building identification signs.[2]
(1)
Clear view triangle area.
(a)
No sign or sign structures shall be located
within a clear view triangle area.
(b)
On a corner lot, the clear view triangle area
is formed by the street right-of-way lines and the line connecting
points 20 feet from the intersection of such street right-of-way lines
extended.
(c)
On a lot which has a driveway or is next to
a lot which has a driveway, the two clear view triangle areas are
formed by the street right-of-way tine, both sides of the surface
edge ofthe driveway, and the line connecting points 20 feet from the
intersection of the street right-of-way line and driveway.
(2)
Orientation of signs on corner lots or through lots.
When more than one sign is permitted due to multiple frontages, each
permitted sign must be oriented toward its respective frontage and
set at least 100 feet distant from signs located on additional frontages,
unless specified otherwise. It is the intent to prohibit lots with
multiple frontages from combining sign rights so as to erect larger
signs or additional signs that are oriented to only one frontage.
(3)
Freestanding signs setbacks.
(a)
Front yard setbacks. The minimum setback for
all freestanding signs shall be 14 feet from the public street line
except that no sign shall be located in the public street right-of-way.
(b)
Side and rear yard setbacks. No freestanding
identification sign shall be located closer than five feet to a side
or rear property line.
[2]
Editor's Note: This subsection also includes
drawings which help illustrate its provisions. Said drawings are on
file in the Town Clerk's office and may be examined there during regular
office hours.
H.
Maintenance of signs.
(1)
Maintenance required. All signs and sign structures
shall be kept in good repair and in a proper state of maintenance.
(2)
Activities considered to be maintenance. Maintenance
shall include activities such as cleaning, replacing lamps, replacing
ballast in freestanding signs, replacing transformers in building
identification signs, painting the pole of freestanding signs and
the cabinet of freestanding or building identification signs, replacing
or repairing H-bars and retainers behind the face, replacing trim,
and replacement of sign fasteners, anchor bolts and repairs to electric
utilities. A maintained sign structure shall have a sign face.
(3)
Items not considered maintenance. The following items
are not considered maintenance and shall require that the sign be
brought into conformance with all requirements with this section.
(a)
Said maintenance shall not include any changes
made to the size, height, light intensity or bulk of the sign or the
temporary or permanent removal of the sign for the repair or replacement
of the cabinet or any part thereof.
(b)
Said maintenance shall not include changes in
poles, structural supports, bases or shrouds, footings or anchor bolts
that are not in-kind; moving the sign for any reason; and change of
the interior and/or exterior cabinet frame (excluding trim) and removal
of any part of the signs for maintenance. For building signs, maintenance
shall not include change in the size of channel letters or any change
of returns or housing except for the sign face and trim. For single-face
cabinet signs, maintenance shall not include changes or replacement
of the interior and/or exterior cabinets nor the cabinet support structures.
(4)
Temporary removal for new face. Temporary removal
of the sign cabinet for the installation of a new sign face is not
permitted and will require that the sign be brought into conformance
with all requirements of this section.
(5)
Maintenance and repair of nonconforming signs. The
legal nonconforming sign is subject to all requirements of this code
regarding safety, maintenance and repair. However, if the sign suffers
more than $3,000 of appraised damage or deterioration, it must be
brought into compliance with this code or be removed. If a premises
changes ownership, the nonconforming signs located on the premises
must be brought into compliance with this chapter. The replacement
of a nonconforming wall sign due to the change in tenancy shall require
that the new tenant sign conform to the requirements of this chapter
as they relate to the size of the facade leased. The in-kind replacement
of panels in nonconforming directory signs due to changes in tenancy
shall be allowed unless such change affects more than $3,000 of appraised
value of the sign, at which point the sign must be brought into compliance
with this code or be removed.
I.
Sign permits; fees.
(1)
It shall be unlawful for any person to erect, install
and/or replace any sign which requires a sign permit within the Town
without first applying for and obtaining a sign permit from the issuing
authority.
(2)
A sign permit does not include electrical work; however,
this exemption shall not be deemed to grant authorization for any
work to be done in violation of the provisions of any other laws or
ordinances.
J.
Sign permits; requirements.
(1)
A person is prohibited from obtaining a sign permit, except for a temporary sign, while a nonconforming sign remains on the property unless the permit also includes bringing the nonconforming sign into compliance, except as allowed for in § 198-26H(5).
(2)
A person may obtain a sign permit subject to the above
if such person:
(a)
Completes an application form provided by the
issuing authority.
(b)
Files a plan to scale with accurate measurements
of distances showing the intended location conforming with this chapter
and showing all proposed and existing signs and from that location
the:
[1]
Distance to the front, side and rear lot lines;
[2]
Distance to the nearest edge of pavement of
all adjacent roads;
[3]
Distance to the nearest edge of pavement of
all adjacent intersections or two or more streets and/or the intersection
of all site driveways and public streets;
[4]
Distance to the nearest edge of adjacent permanent
signs;
[5]
Distance to the nearest edge of adjacent portable
signs;
[6]
Distance to the nearest edge of all traffic
light standards and directional signs; and
[7]
Distance to the nearest edge of all sidewalks.
(c)
Files complete drawings and specifications drawn
to scale covering the size of the sign.
K.
Variances. Variances shall not be granted for any
sign, as ample provision has been made for premises identification
within this chapter, and because true hardship as defined by state
law cannot be demonstrated in signage situations.
[Added 3-22-1969 ATM by Art. 56; amended 4-3-1971 ATM by Art.
82; 4-16-1975 ATM by Art. 59]
A.
Parking requirements.
(1)
It is the intent of this section that adequate off
street parking must be provided within reasonable distance to service
all parking demand created by new construction, whether through new
structures or through additions to existing ones or by change of use
creating higher parking demand.
(2)
Building, structures and land use in existence on
the effective date of these provisions are not subject to these off-street
parking requirements and may be rebuilt, altered or repaired, but
not enlarged or changed in use, without becoming subject to these
requirements.
(3)
In applying for building or occupancy permits, the applicant(s) must demonstrate via a site plan drawn to scale that minimum parking requirements set forth in Subsection B will be met. In the Apartment/Multi-Family (RC), Park (P), Wetland Resource Protection District (WRP), Business (B), Mixed Use (MU), or Industrial (I) Districts, a special permit from the Planning Board pursuant to § 198-29 will be necessary for the following:
[Amended 12-10-1992 STM by Art. 1; 6-8-2002 ATM by Art. 6; 2-11-2004 STM by Art.
15]
(a)
New construction that would require a total
of five or more parking spaces counting existing and new demand;
(b)
Addition(s) or enlargement(s) that would require
a total of five or more parking spaces counting existing and new demand;
(c)
A change of use(s) or renovation(s) that would
require the addition of new parking space(s). If the existing parking
spaces can meet the new demand based on the change of use(s) or renovation(s)
then no special permit is required;
(d)
Re-striping of a parking lot of five or more
spaces that changes the existing site circulation, and/or number of
parking spaces.
(4)
The minimums of Subsection B may be reduced on special permit for an exception from the Planning Board, upon its determination that special circumstances render a lesser provision adequate for all parking needs. Examples of special circumstances include:
[Amended 5-2-1998 STM by Art. 27]
B.
Parking Schedule.
(2)
Nonresidential buildings.
[Amended 6-8-2002 ATM by Art. 7]
(a)
Industrial buildings: one space per 500 square
feet gross floor area.
(b)
Retailing: one space per 250 square feet gross
leasable floor area.
(d)
Office, banks: one space per 300 square feet
of gross floor area.
(e)
Medical, dental clinics: one space per 200 square
feet of gross floor area.
(f)
Restaurant, theater, assembly hall: one space
per 2.5 fixed seats; if seats are not fixed, one space per 2.5 occupants
as calculated under the Building Code for maximum occupancy.
(g)
Recreation facility: 0.8 spaces per occupant
as calculated under the Building Code for maximum occupancy.
(h)
Preschool facilities: one space per 200 square
feet of gross floor area.
(4)
Other facilities. The parking requirements for uses
not listed in this section shall be determined by the Planning Board
upon review of each individual application. That determination shall
take into account:
[Amended 12-10-1992 STM by Art. 1]
(5)
In the Mixed Use District a lot on which there was
an existing building before January 1, 1998, shall be required to
meet the minimum parking requirements of this section, or the parking
available on that lot on January 1, 1998, whichever is less, regardless
of use.
[Added 5-2-1998 STM by Art. 26]
C.
Parking area designation and location.
(1)
No off-street parking area for five or more cars shall
be located within the required front, side or rear yard setback areas.
If no side or rear yard setback is required the minimum parking setback
shall be six feet from the property line, except in the case(s) where
there is a joint access or a shared parking area.
[Amended 5-5-2001 ATM by Art. 13; 6-8-2002 ATM by Art. 8]
(2)
All required parking areas, except those serving single-family
residences, shall be paved, unless exempted by a special permit from
the Special Permit Granting Authority (SPGA) having jurisdiction,
for cases such as, but not limited to, seasonal or periodic use, where
unpaved surfaces will not cause dust, erosion, or unsightly conditions.
[Amended 6-8-2002 ATM by Art. 9]
(3)
Parking areas for five or more cars shall not require
backing onto a public way.
(4)
Perimeter landscaping requirements. Parking lots for
five or more cars shall include the following:
[Amended 5-5-2001 ATM by Art. 13]
(a)
A landscaped buffer strip shall be provided
adjacent to any public road to visually separate parking and other
uses from the road, where feasible and without interfering with vehicular
or pedestrian safety. The buffer strip shall be equal to the front
yard setback for the zoning district within which property lies, and
planted with a combination of grass, medium-height shrubs (approximately
two feet to eight feet tall), low decumbent creeping shrubs (shrubs
less than 18 inches tall) and shade trees (planted at least every
40 feet or less along the road frontage) except at site driveways
where the spacing may need to be larger to accommodate safe site distance.
Trees and shrubs shall be set back at street and driveway entrances,
exits or intersections to allow adequate sight distance and ensure
vehicular and pedestrian safety while entering or exiting the site;
these site triangle areas shall be planted with grasses and low decumbent
shrubs. These trees do not count towards the required parking lot
trees.
(b)
A landscaped buffer strip shall be provided
adjacent to any adjoining uses, excluding areas providing shared access
and parking to visually separate parking and other uses from the adjoining
properties. The buffer strip shall be equal to the side and rear yard
setbacks for the zoning district within which the property lies. If
no side or rear yard setback is required the minimum buffer width
shall be six feet. The buffer strip shall be planted with a combination
of grass, medium-height shrubs (approximately two to eight feet tall,
evergreen varieties preferred) and shade trees (planted at least every
20 feet along the property line). These trees do not count towards
the required parking lot trees. Plantings shall include the incorporation
of evergreen and deciduous plantings and shall be developed in consultation
with planting arrangements approved by the Planning Board.
[Amended 6-8-2002 ATM by Art. 8]
(c)
Plantings shall include the incorporation of
evergreen and deciduous plantings and shall be developed in consultation
with planting arrangements approved by the Planning Board.
(5)
Parking lots for 20 or more cars shall be interrupted
with landscaped islands such that no parking surface exceeds 100 feet
in width, including the area(s) used for parking aisles/stalls. A
protective landscaped island shall be provided per 10 parking spaces
and shall contain one shade tree with the remaining area to be planted
with shrubs or groundcover. The landscape island shall be the width
and depth of a parking space. The SPGA having jurisdiction may grant
a waiver to the landscape island size requirement if it is demonstrated
that an alternate design will still accommodate a shade tree.
[Amended 5-5-2001 ATM by Art. 13; 6-8-2002 ATM by Art. 8]
(6)
Exposed storage areas, machinery, service areas, truck-loading
areas, utility buildings, trash enclosures, structures and other unsightly
uses shall be screened from view from neighboring properties and streets
using plantings, a wall or tight fence complemented with plantings
or through some other means deemed acceptable to the permit granting
authority.
[Amended 5-5-2001 ATM by Art. 13; 6-8-2002 ATM by Art. 8]
(7)
All landscaped areas shall be maintained. Shrubs and
trees which die shall be replaced within one growing season.
[Amended 5-5-2001 ATM by Art. 13]
(8)
Old, well-established specimen trees shall, at the
discretion of the Planning Board, be protected by siting buildings
and parking around or within the existing landscape.
[Amended 5-5-2001 ATM by Art. 13]
(9)
The use of bituminous paving shall be minimized.
[Amended 5-5-2001 ATM by Art. 13; 6-8-2002 ATM by Art. 5]
(10)
No fill shall be placed around trees that are
intolerant of fill (dogwoods, birches, conifers, oaks and sugar maples).
Stockpiling of soil shall not occur within the setback areas. Soil
should remain undisturbed in a ten-foot radius around any tree to
be preserved.
[Amended 5-5-2001 ATM by Art. 13]
(11)
Wherever possible, all utilities shall be provided
through underground connections.
[Amended 5-5-2001 ATM by Art. 13]
(12)
Parking spaces more than 300 feet from the building
entrance they serve may not be counted toward fulfillment of parking
requirements unless by a special permit from the SPGA having jurisdiction,
determines that circumstances justify a greater separation of parking
from the use(s).
[Added 6-8-2002 ATM by Art. 9]
D.
Loading requirements. Adequate off-street loading
facilities and space must be provided to service all needs created
by new construction, whether through new structures or additions to
old ones, and by change of use of existing structures. Facilities
shall be so sized and arranged that no trucks need back on to or off
a public way or be parked on a public way while loading, unloading
or waiting to do so.
E.
New car dealerships. Areas for customer and employee
parking shall conform to regulations determined for retail business
facilities. Areas for storage of dealer's stock (vehicles for sale)
shall be determined by design capacity of property used for that purpose
as shall be outlined by site plan review. These shall be based on
prudent practice and shall take into account access for fire equipment
and servicing as may be determined by the site plan review. Variations
in sizes and types of vehicles (cars, trucks, etc.) make a numerical
count of vehicles allowed not feasible for this purpose.
[Added 1-31-1991 STM by Art. 9]
F.
Used car dealerships. Number of vehicles and area
to be occupied by same shall be determined by the Board of Selectmen/Building
Commissioner when licenses are issued for the operation of this type
of facility.
[Added 1-31-1991 STM by Art. 9]
[Added 4-3-1971 ATM by Art. 83; amended 3-30-1972 ATM by Art.
79; 5-18-1976 ATM by Art. 73; 1-22-1977 STM by Art. 4; 5-13-1978 ATM by Art. 54; 10-7-1982 STM by Art. 14; 5-4-1985 ATM by Art. 19; 5-4-1985 ATM by Art. 27; 1-22-1988 STM by Art. 4; 5-7-1988 ATM by Art. 12; 5-3-1997 STM by Art. 15]
A.
The Floodplain District is herein established as an
overlay district. The District includes all special flood hazard areas
within the Town of Fairhaven designated as Zone A, AE, AH, AO, A99,
V, or VE on the Bristol County Flood Insurance Rate Map (FIRM) issued
by the Federal Emergency Management Agency (FEMA) for the administration
of the National Flood Insurance Program. The map panels of the Bristol
County FIRM that are wholly or partially within the Town of Fairhaven
are panel numbers 25005C0393F, 25005C0425F, 25005C0482F, 25005C0501F,
25005C0502F, 25005C0503F, and 25005C0504F, dated July 7, 2009; 25005C0391G,
25005C0393G, 25005C0394G and 25005C0482G, dated July 16, 2014; and
25005C0391H, 25005C0392G, 25005C0394H, 250050411G, 25005C0413G dated
July 6, 2021. The exact boundaries of the District may be defined
by the one-hundred-year base flood elevations shown on the FIRM and
further defined by the Bristol County Flood Insurance Study (FIS)
report date July 6, 2021. The FIRM and FIS report are incorporated
herein by reference and are on file with the Town Clerk, Planning
Board, Building Official, and Conservation Commission.
[Amended 5-2-2009 ATM by Art. 12; 5-3-2014 STM by Art. 7; 6-12-2021 ATM by Art. 30]
B.
The purposes of the Floodplain District are to:
(1)
Ensure public safety through reducing the threats
to life and personal injury.
(2)
Eliminate new hazards to emergency response officials.
(3)
Prevent the occurrence of public emergencies resulting
from water quality contamination and pollution due to flooding.
(4)
Avoid the loss of utility services which, if damaged
by flooding, would disrupt or shut down the utility network and impact
regions of the community beyond the site of flooding.
(5)
Eliminate costs associated with the response to and
cleanup of flooding conditions.
(6)
Reduce damage to public and private property resulting
from flooding waters.
C.
The Floodplain District is established as an overlay
district to all other districts. The floodplain management regulations
found in this Floodplain Overlay District section shall take precedence
over any less restrictive conflicting local laws, ordinances or codes.
If any section, provision or portion of this bylaw (ordinance) is
deemed to be unconstitutional or invalid by a court, the remainder
of the ordinance shall be effective. The Town of Fairhaven hereby
designates the position of Building Commissioner to be the official
floodplain administrator for the Town.
[Amended 5-2-2009 ATM by Art. 12; 5-3-2014 STM by Art. 7; 6-12-2021 ATM by Art. 30]
(1)
All development in the district, including structural
and nonstructural activities, whether permitted by right or by special
permit, must be in compliance with MGL c. 131, § 40 and
with the following:
(a)
Massachusetts State Building Code sections on
floodplain and coastal high-hazard areas (currently 780 CMR).
(b)
Wetlands protection regulations, Department
of Environmental Protection (DEP) (currently 310 CMR 10.00).
(c)
Inland wetlands restriction, DEP (currently
310 CMR 13.00).
(d)
Coastal wetlands restriction, DEP (currently
310 CMR 12.00).
(e)
Minimum requirements for the subsurface disposal
of sanitary sewage, DEP (currently 310 CMR 15, Title 5).
(2)
Any variance from the provisions and requirements
of the above-referenced state regulations may only be granted in accordance
with the required variance procedures of these state regulations.
(3)
The Town will request from the State Building Code Appeals Board
a written and/or audible copy of the portion of the hearing related
to the variance, and will maintain this record in the community's
files. The Town shall also issue a letter to the property owner regarding
potential impacts to the annual premiums for the flood insurance policy
covering that property, in writing over the signature of a community
official that i) the issuance of a variance to construct a structure
below the base flood level will result in increased premium rates
for flood insurance up to amounts as high as $25 for $100 of insurance
coverage and ii) such construction below the base flood level increases
risks to life and property. Such notification shall be maintained
with the record of all variance actions for the referenced development
in the floodplain overlay district.
(4)
Variances to local Zoning Bylaws related to community compliance
with the National Flood Insurance Program (NFIP): A variance from
these floodplain bylaws must meet the requirements set out by state
law, and may only be granted if: 1) good and sufficient cause and
exceptional non-financial hardship exist; 2) the variance will not
result in additional threats to public safety, extraordinary public
expense, or fraud or victimization of the public; and 3) the variance
is the minimum action necessary to afford relief.
(5)
Permits are required for all proposed development in the Floodplain
Overlay District: The Town of Fairhaven requires a permit for all
proposed construction or other development in the floodplain overlay
district, including new construction or changes to existing buildings,
placement of manufactured homes, placement of agricultural facilities,
fences, sheds, storage facilities or drilling, mining, paving and
any other development that might increase flooding or adversely impact
flood risks to other properties.
(6)
Assure that all necessary permits are obtained: Fairhaven's permit
review process includes the use of a checklist of all local, state
and federal permits that will be necessary in order to carry out the
proposed development in the floodplain overlay district. The proponent
must acquire all necessary permits, and must submit the completed
checklist demonstrating that all necessary permits have been acquired.
(7)
The degree of flood protection required by this bylaw is considered
reasonable but does not imply total flood protection.
(8)
If the Town acquires data that changes the base flood elevation in
the FEMA mapped special flood hazard areas, the Town will, within six
months, notify FEMA of these changes by submitting the technical or
scientific data that supports the change(s). Notification shall be
submitted to: FEMA Region I Risk Analysis Branch Chief, 99 High Street,
6th Floor, Boston, MA 02110. And copy of notification to: Massachusetts
NFIP State Coordinator, MA Department of Conservation and Recreation,
251 Causeway Street, Boston, MA 02114.
D.
An order of conditions from the Conservation Commission is required
before a building permit shall be issued for construction or expansion
by 500 square feet or more of a principal building on land less than
the specified elevations above mean sea level (MSL) as provided in
the Bristol County Flood Insurance Rate Maps as supplied for the Town
of Fairhaven, MA, by the U.S. Corps of Engineers or on any barrier
beach or sand dune within 300 feet horizontally of the mean high water
line.
[Amended 5-3-2014 STM by Art. 7]
E.
Without limiting the generality of the foregoing,
failure or inability to comply with the following shall be presumed
hazardous to health and safety.
F.
For all new structures or for proposed improvements
which equal or exceeds 50% of market value of the unimproved structure,
or for any proposed improvements, the cost of which, together with
the cost of improvements made in the previous five calendar years,
equals or exceeds 50% of the market value of the structure before
such improvements, the lowest floor level, including that of the basement,
if provided, and structural members supporting the lowest floor must
be elevated not less than the specified elevations above mean sea
level (MSL) as provided in the Flood Insurance Rate Maps as supplied
for the Town of Fairhaven, Massachusetts, effective July 7, 2009,
July 16, 2014, and July 6, 2021.
[Amended 5-3-2014 STM by Art. 7; 6-12-2021 ATM by Art. 30]
(1)
Structural requirements for construction in flood
zones are as provided in the Massachusetts State Building Code, which
code requirements are not waived nor superseded by the provisions
of this Zoning Bylaw. In addition to those code requirements, the
following requirements shall also apply within the designated flood
zones for the Town of Fairhaven:
(2)
Individual sewage disposal systems shall not be subject
to inundation in the event of coastal flooding to a six-foot elevation
above mean sea level.
(3)
Water supplies shall not be subject to more than temporary
interruption or contamination, in the opinion of the Board of Health
or its agents, in the event of coastal flooding to a six-foot elevation
above mean sea level.
(4)
Unless protected by sea walls, pilings or other foundations
shall extend not less than six feet below grade in sand and not less
than four feet below grade in other materials or to such greater depth
as the Building Commissioner may require to prevent scouring beneath
foundations.
(5)
Foundations shall be designed by a registered civil
engineer or architect to withstand hydraulic pressure and shall be
of reinforced concrete or, if of masonry units, shall have a poured
concrete cap tied with reinforcing rods to the footings.
(6)
No vegetation on the ocean side of the crest of any
primary dune (a hill or ridge of sand piled up by the wind with no
other dune between it and the oceanfront) shall be destroyed nor the
crest height of such dune lowered. All disturbed dune areas shall
be stabilized with beach grasses or other means.
(7)
Man-made alteration of sand dunes within Zone VE which would increase
potential flood damage are prohibited.
(8)
The placement of mobile homes for year-round or seasonal
use is prohibited in the Floodplain Overlay District.
(9)
In Zones A and AE, along watercourses that have not had a regulatory
floodway designated, the best available federal, state, local, or
other floodway data shall be used to prohibit encroachments in floodways
which would result in any increase in flood levels within the community
during the occurrence of the base flood discharge.
(10)
In a riverine situation, the Building Commissioner shall notify
the following of any alteration or relocation of a watercourse:
(12)
Base flood elevation data for subdivision proposals: When proposing
subdivisions or other developments greater than 50 lots or five acres
(whichever is less), the proponent must provide technical data to
determine base flood elevations for each developable parcel shown
on the design plans.
(13)
Unnumbered A Zones: In A Zones, in the absence of FEMA BFE data and
floodway data, the Building Department will obtain, review and reasonably
utilize base flood elevation and floodway data available from a federal,
state, or other source as criteria for requiring new construction,
substantial improvements, or other development in Zone A as the basis
for elevating residential structures to or above base flood level,
for floodproofing or elevating nonresidential structures to or above
base flood level, and for prohibiting encroachments in floodways.
(14)
In A1-30, AH, AE Zones, V1-30, VE, and V Zones, all recreational
vehicles to be placed on a site must be elevated and anchored in accordance
with the zone's regulations for foundation and elevation requirements
or be on the site for less than 180 consecutive days or be fully licensed
and highway ready.
G.
Nasketucket River Basin District (NRB).
(1)
The purpose of the Nasketucket River Basin District
is to preserve, protect and maintain the quantity and especially the
quality of the surface water and groundwater of this district, which
waters comprise and/or contribute to the existing and potential sources
of water supply of the Town of Fairhaven and also to protect the public
health, safety and general welfare of the Town residents and to conserve
the natural resources of the town. The interpretations, orders, decisions,
permits, judgments and findings of all parties, Town boards and departments,
agents and officials in respect to all matters pertaining to this
district shall be consistent with and in accord with the spirit and
intent of the above-stated purpose of this district. No facilities
or activities hereafter listed in this section as restricted or prohibited
shall be permitted within the Nasketucket River Basin District except
by special permit from the Zoning Board of Appeals, upon demonstration
by the applicant that the economic use of the property is infeasible
under this rule and that water supply contamination will not result
from the proposed facility or activity.
(2)
List of restricted facilities or activities:
(b)
Commercial laundries and cleaners.
(c)
Road salt storage and application.
(d)
Commercial parking lots.
(e)
Gasoline stations and commercial garages (e.g.
for motor vehicle sales, repair or service).
(f)
Pesticide applications, storage or use for commercial
purposes.
(g)
Fertilizer applications, storage or use for
commercial purposes.
(h)
Leaching fields, cesspools or surface or subsurface
discharges of leachable wastes. [An exception to this restriction
shall permit these facilities or activities within 300 feet westerly
of New Boston Road, provided that all applicable wetlands, Board of
Health and building permits have been previously obtained).
(i)
Storage or stockpiling manure.
(j)
Storage or disposal of hazardous materials or
wastes as defined by EPA or OSHA regulations.
(k)
Gravel pits or other excavations of sand, soil,
rock or ledge for sale or commercial purposes (except normal excavations
incidental to building construction, farming operations, water conservation,
water-retaining ponds, public utilities, installation and maintenance
and highway construction).
(l)
Junk and salvage yards, dumps, disposal sites
or landfills for solid or liquid wastes.
(3)
The preceding enumerated items [Subsection D(2)(a),
fuel storage, Subsection D(2)(d), commercial parking lots, Subsection
D(2)(e), gasoline stations and commercial garages, Subsection D(2)(g),
fertilizer applications, and Subsection D(2)(i), storage or stockpiling
of manure] existing on the passage of this chapter may be continued,
repaired or maintained but without enlargement nor addition to the
existing facility, nor without changing the function of the existing
structure to a function more hazardous or contaminating (in amount
or type) to the basin aquifer or water supply.
H.
No person shall remove, fill, dredge or build upon
any bank, marsh, swamp or flat bordering on coastal or inland water
or any other land subject to tidal action or coastal flooding without
a special permit from the Zoning Board of Appeals. Such a permit shall
be issued upon confirmation that the requirements of the Wetlands
Act (MGL c. 131, §§ 40 and 40A) will be met and granting
of same will not be hazardous to health or safety and not harmful
to the shellfish and aquatic resources of the town.[1]
[1]
Editor's Note: Former Section 3.8.5, which
immediately followed this subsection, as added 4-16-1975 ATM by Art.
60, was renumbered as Section 3.8.3.2 10-7-1982 STM by Art. 14 and
then deleted 5-4-1985 ATM by Art. 27.
I.
Definitions not found in the State Building Code.
[Added 6-12-2021 ATM by Art. 30]
(1)
National
Flood Insurance Program (NFIP) definitions are found in 44 CFR 59.1.
The definitions below refer to their source; if the definition is
from the MA Building Code, it is from the 9th Edition, which meets
the minimum standards of the NFIP.
(2)
In
order for the bylaw or ordinance to be clearly understood, it is necessary
to define technical terms or key words. An understanding of these
terms is a prerequisite to effective administration of the floodplain
management bylaw or ordinance.
(3)
DEVELOPMENT
FLOOD BOUNDARY AND FLOODWAY MAP
FLOOD HAZARD BOUNDARY MAP (FHBM)
FLOODWAY
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(a)
(b)
(c)
(d)
NEW CONSTRUCTION
RECREATIONAL VEHICLE
(a)
(b)
(c)
(d)
REGULATORY FLOODWAY
SPECIAL FLOOD HAZARD AREA
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL REPAIR OF A FOUNDATION
VARIANCE
VIOLATION
ZONES, FLOOD
Per
FEMA Region 1, these additional definitions must be included in local
bylaws or ordinances.
Any man-made change to improved or unimproved real estate,
including but not limited to building or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
or storage of equipment or materials (US Code of Federal Regulations,
Title 44, Part 59).
An official map of a community issued by FEMA that depicts,
based on detailed analyses, the boundaries of the 100-year and 500-year
floods and the 100-year floodway. (For maps done in 1987 and later,
the floodway designation is included on the FIRM.)
An official map of a community issued by the Federal Insurance
Administrator, where the boundaries of the flood and related erosion
areas having special hazards have been designated as Zone A or E (US
Code of Federal Regulations, Title 44, Part 59).
The channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height (Base Code, Chapter 2, Section 202).
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and ship building and
ship repair facilities, but does not include long-term storage or
related manufacturing facilities (US Code of Federal Regulations,
Title 44, Part 59; also Referenced Standard ASCE 24-14).
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure (US Code
of Federal Regulations, Title 44, Part 59).
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
Structures for which the start of construction commenced
on or after the effective date of the first floodplain management
code, regulation, ordinance, or standard adopted by the authority
having jurisdiction, including any subsequent improvements to such
structures. New construction includes work determined to be substantial
improvement (Referenced Standard ASCE 24-14).
A vehicle which is:
Built on a single chassis;
400 square feet or less when measured at the largest horizontal
projection;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use (US Code of Federal Regulations, Title 44, Part 59).
See "floodway."
The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30 (Base Code, Chapter 2, Section 202).
The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building (Base Code, Chapter 2, Section 202).
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally aboveground,
as well as a manufactured home (US Code of Federal Regulations, Title
44, Part 59).
When work to repair or replace a foundation results in the
repair or replacement of a portion of the foundation with a perimeter
along the base of the foundation that equals or exceeds 50% of the
perimeter of the base of the foundation measured in linear feet, or
repair or replacement of 50% of the piles, columns or piers of a pile,
column or pier supported foundation, the building official shall determine
it to be substantial repair of a foundation. Applications determined
by the building official to constitute substantial repair of a foundation
shall require all existing portions of the entire building or structure
to meet the requirements of 780 CMR (as amended by MA in 9th Edition
BC).
A grant of relief by a community from the terms of a floodplain
management regulation (US Code of Federal Regulations, Title 44, Part
59).
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
§ 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or
(e)(5) is presumed to be in violation until such time as that documentation
is provided (US Code of Federal Regulations, Title 44, Part 59).
Definitions of flood zones.
[Added 3-15-1973 ATM by Art. 78; amended 1-17-1980 STM by Art.
13; 5-9-1989 ATM by Art. 21; 5-4-1991 ATM by Art. 24]
A.
Planning Board (SPGA). The Fairhaven Planning Board Is hereby designated as the special permit granting authority (SPGA), for the development of all sites in the Apartment/MultiFamily (RC), Park (P), Wetland Resource Protection District (WRP), Business (B), Mixed Use (MU), or Industrial (I) Districts, which propose the following to be provided for under the requirements of § 198-27 Parking, loading, and landscaping:
[Amended 12-10-1992 STM by Art. 1; 5-2-1998 STM by Art. 26; 2-11-2004 STM by Art.
14]
(1)
New construction that would require a total of five
or more parking spaces counting existing and new demand;
(2)
Addition(s) or enlargement(s) that would require a
total of five or more parking spaces counting existing and new demand;
(3)
A change of use(s) or renovation(s) that would require
the addition of new parking space(s). If the existing parking spaces
can meet the new demand based on the change of use(s) or renovation(s)
then no special permit is required;
(4)
Re-striping of a parking lot of five or more spaces
that changes the existing site circulation, and/or number of parking
spaces.
|
And in the Mixed Use (MU) District any addition of gross floor area, or any reduction in the number of available parking spaces on the site shall be subject to a special permit under this section if the proposed parking does not meet the numerical minimum required by § 198-27B.
|
B.
Submittal. Application for a special permit shall
require the filling of one copy of a special permit application and
10 prints of the site plan drawn to an adequate scale.
(1)
Such plans shall contain the following.
(a)
Actual dimensions of the lot.
(b)
All easements existing or proposed.
(c)
Location and size of existing and proposed structures,
including any existing structures within 100 feet of the site.
(d)
Name, width and condition of all abutting streets.
(e)
All parking and driveway areas, including curbing
and planted islands.
(f)
Existing and proposed topography at two-foot
minimum contours.
(g)
Existing and proposed water, sanitary and storm
drainage facilities.
(h)
Landscaping, including sizes, types and numbers
of planting and details. All site plans involving 20 or more parking
spaces shall be required to have the site plan, or a separate landscaping
plan, signed by a registered landscape architect. Existing trees and
other unique land features shall be preserved where feasible.
(i)
An elevation plan of all proposed buildings
indicating the type of architecture to be used and how it will conform
to area appearances.
(j)
The stamps and seal of the professional land
surveyor responsible for surveying the property.
[Added 5-6-1998 ATM by Art. 20]
(k)
The stamp and signature of the professional
engineer responsible for drawing the plan.
[Added 5-6-1998 ATM by Art. 20]
(l)
The location of all wetlands on the site and
within 100 feet of the site.
[Added 5-6-1998 ATM by Art. 20]
(m)
The location of the River Protection Act Riverfront
Resource Protection Area.
[Added 5-6-1998 ATM by Art. 20]
(n)
For new construction, and for additions or renovations which increase the impervious area of a property, 10 copies of a stormwater management plan (SMP) detailing the existing environmental and hydrological conditions of the site, proposed alterations of the site and all proposed components of the drainage system and any measures for the detention, retention or infiltration of water, for the protection of water quality and protection from flooding, as described in § 198-31.1, Stormwater management.
[Added 5-1-1999 ATM by Art. 9]
(2)
Review by other departments. A copy of the above required
plans shall also be transmitted by the Planning Board, to the following
Town departments for review and comment: Department of Public Works,
Fire Department and Board of Health. If no comment is made by such
boards within 30 days of receipt, their approval shall be assumed.
Comments by other departments is for the purpose of guidance to the
Planning Board.
C.
Public hearing. The Planning Board will hold a public
hearing on all proposed site plans/special permits within 65 days
after submission to the Board, and a decision will be rendered by
the Planning Board within 90 days following the date of the hearing.
All procedural requirements for special permits will be subject to
Massachusetts General Laws, Chapter 40A.
D.
Issuance of special permit.
(1)
No building permit shall be issued under this Article
except by a two-thirds vote of the Planning Board and only upon determination
by the Board that the proposed use is in harmony with the general
purpose and intent of the chapter and that the following standards
are met by the use as designed:
(a)
The design assures safety with respect to internal
circulation and egress of traffic.
(b)
The design provides adequate access to each
structure for fire and service equipment.
(e)
If a reduction in the number of available parking
spaces on the site is proposed below the minimum required in the Mixed
Use District, the Planning Board may require landscaping improvements,
including the planting of trees of two-inch caliper.
[Added 5-2-1998 STM by Art. 26]
(2)
Any special permit issued pursuant to this § 198-29 may also impose conditions and safeguards, including a requirement that the development of the site thereunder shall be in strict compliance with the plan submitted to the Planning Board pursuant to Subsection B and any amendments to that plan which may have been approved by the Board.
E.
Issuance of building permit. No building permit shall
be issued by the Fairhaven Building Commissioner pending action by
the Fairhaven Planning Board or until 90 days have elapsed from the
date of the public hearing. If no action has been taken by the Fairhaven
Planning Board at expiration of 90 days, it shall be deemed a grant
of the special permit. All building permits shall be in conformity
with conditions established by the special permit.
F.
Multifamily zoned areas.
(1)
Site plan within an apartment/multifamily (RC) zoned
area which require a special permit shall conform to the following:
(a)
There shall not be more than 20 dwellings in
a single structure.
(b)
No building shall be closer than its own height
to a principal building.
(c)
Parking areas shall not be located within a
required front yard or within 10 feet of a lot line, whichever is
greater.
(d)
No building shall be floodlighted. Drives and
parking areas shall be illuminated only by shielded lights not higher
than 15 feet.
(2)
Special permit to modify multifamily zoning standards. The Fairhaven Planning Board may modify, by special permit, only the zoning standards prescribed in Subsection F(1) when the proposed plans show that the requirements are impractical for an existing structure to be modified for multifamily housing under such standards.
[Added 11-6-1997 STM by Art. 20]
A.
Purpose.
(1)
The purpose of this section is to regulate wireless
communications services so that these services may be provided with
minimal harm to the public health, safety and general welfare. Specifically,
the Wireless Communications Services Zoning has been created to protect
the general public from potential hazards associated with the structure
of wireless communications facilities and minimize the visual impacts
of wireless communications facilities on residential districts within
Fairhaven. This section does not apply to satellite dishes and antennas
for residential use.
(2)
Applicants for a special permit to construct wireless communications service facilities are encouraged to explore alternative types of systems other than systems on newly constructed towers. Wireless communications antennas (including panels) may be mounted on or attached to existing structures (including, without limitations, water towers and church steeples) by special permit, provided that they conform to applicable design requirements as set forth in § 198-29.1B.
B.
Design standards for allowed uses. All requirements
of the underlying zoning district shall remain in full force and effect,
except as may be specifically superseded herein.
(1)
Antennas may be located on any existing guyed
tower, lattice tower, monopole, electric utility transmission tower,
fire tower, church steeple, clock tower or water tower, provided that
the facility complies with the following:
(a)
Facade-mount antennas must not extend above
the top of the building wall or parapet; not detract, based upon a
written finding from the Massachusetts Historical Commission, from
the historic significance of a structure on, or eligible for listing
on, the National or Massachusetts Registers of Historic Places; and
be painted so as to blend in with the existing structure as much as
possible.
(b)
Roof-mounted antennas must not extend more than
15 feet above the highest point of the building; not detract, based
upon a written finding from the Massachusetts Historical Commission,
from the historic significance of a structure on or eligible for listing
on the National Register of Historic Places; and be painted so as
to blend in with the existing structure as much as possible.
(c)
Wireless communication facilities placed on
existing buildings, and any equipment associated with the facility,
shall be camouflaged or screened and designed to be harmonious and
architecturally compatible with the building.
(2)
The following information must be submitted
for an application to be considered complete:
(a)
A locus plan at a scale of one inch equals 200
feet which shall show all property lines, the exact location of the
proposed structure(s), street landscape features, dwellings and other
structures within 100 feet of the property line.
(b)
A color photograph or rendition of the facility
with its antennas and/or panels. For satellite dishes or antennas,
a color photograph or rendition illustrating the dish or antenna at
the proposed location is required. A rendition shall also be prepared
illustrating a view of the tower, dish or antenna from the nearest
street or streets.
(c)
The following information must be prepared and
signed by a registered professional engineer:
[1]
A description of the facility and
the technical, economic and other reasons for the proposed location,
height and design.
[2]
Confirmation that the facility
complies with all applicable federal and state standards.
[3]
A description of the capacity of
the facility, including the number and type of panels, antennas and/or
transmitter receivers that it can accommodate and the basis for these
calculations.
[4]
If applicable, a written statement
that the proposed facility complies with, or is exempt from, applicable
regulations administered by the Federal Aviation Administration (FAA),
Federal Communications Commission (FCC), Massachusetts Aeronautics
Commission and the Massachusetts Department of Public Health.
[5]
The applicable review and advertising
fees as noted in the Zoning Bylaw.
(3)
Accessory structures housing support equipment
shall be screened from the view of persons not on the lot.
(4)
There shall be no signs, except for announcement
signs, "no trespassing" signs and a required sign giving a phone number
where the owner can be reached on a twenty-four-hour basis.
(5)
Additional parking shall not be required for
roof-mounted antennas, facade-mounted antennas or for the addition
of antennas or panels to a tower.
(6)
All network connections from the communications
site shall be via underground land lines except to the extent that
underground land lines are not feasible in the reasonable determination
of the Planning Board.
(7)
Clearing of natural vegetation should be limited
to that which is necessary for the construction, operation and maintenance
of the tower.
(8)
Night lighting shall be prohibited unless required
by state or federal law and shall be the minimum necessary.
(9)
Towers shall be set back from the lot lines
a distance equal to the height of the tower except that a tower shall
be no closer to the nearest lot line of a residentially zoned lot
or a lot in residential use (other than the lot on which the tower
is proposed) than a distance determined by the following formula:
|
(height of the tower in feet)2/40 feet
|
(10)
One tower shall be permitted per lot.
(11)
No tower shall be more than 150 feet above the
natural grade.
(12)
There shall be a minimum of one parking space
for each new facility, to be used in connection with the maintenance
of the facility and the site and not to be used for the permanent
storage of vehicles.
(13)
Towers and facilities shall be painted a neutral,
nonreflective color designed to blend with the surrounding environment.
C.
Design standards for special permits. A special permit shall be granted by the Planning Board in accordance with MGL c. 40A, § 9. All of the requirements of Subsection B above apply, except by special permit the SPGA may:
(1)
Allow towers nearer to the property line than
the height of the tower, but no tower shall be nearer to a property
line than a distance equal to 1/2 the height of the tower and no tower
may be closer to the nearest lot line of a residentially zoned lot
or a lot in residential use (other than the lot on which the tower
is proposed than a distance determined by the following formula:
|
(height of the tower in feet)2/40 feet
|
(2)
Determine that a location is favorable to the
clustering of facilities and may allow more than one facility on a
lot in that location.
(3)
Require the maintenance of all improvements
to the site, including structures, fencing, plantings and required
signs; plumb and tension tests shall be available on site to enforcement
authorities; that a facility must be removed within 90 days following
failure to obtain suitable test specifications, loss of FCC license
or removal of communications devices coupled with disconnection of
utilities and that the applicant shall be responsible for the costs
to remove any tower.
D.
Criteria for review and approval.
(1)
Review of applications; approvals or denials.
(a)
The SPGA shall review all special permit applications
for wireless communication facilities, roof-mounted antennas or facade-mounted
antennas and shall issue a special permit if it finds:
[1]
That the location of the tower
or device is suitable and that the size, height and design is the
minimum necessary for that purpose;
[2]
That any facade- or roof-mounted
antenna or panel located on a structure that is listed on or eligible
for listing on the National or Massachusetts Registers of Historic
Places shall not materially alter the character defining features,
distinctive construction methods or original historic materials of
the building. Any alteration made to a structure that is listed on
or eligible for listing on the National or Massachusetts Registers
of Historic Places to accommodate a facade- or roof-mounted antenna
shall be fully reversible;
[3]
That the applicant for a special
permit has demonstrated a good faith effort to collocate with other
carriers or to facade- or roof-mount the wireless communication facility,
including in such good faith effort a survey of all existing structures
that may be feasible sites for mounting or collocation; and contact
with all other licensed carriers for operating in the contiguous communities
and the SPGA finds no technically or economically equal collocation
is available; and
[4]
That the proposed tower or device
is in compliance with federal and state requirements regarding aviation
safety.
(b)
The findings, including the basis for such findings,
of the Board shall be stated in the written description of approval,
conditional approval or denial of the application for special permit.
(2)
The Board shall also impose, in addition to
any applicable conditions specified in the chapter, such conditions
as it finds reasonably appropriate to safeguard the neighborhood or
otherwise serve the purposes of this chapter, including, but not limited
to: screening, lighting, fences, modification of the exterior appearance
of the structures, limitation upon size, method of access or traffic
features, parking, removal upon cessation of use, or other requirements.
Such conditions shall be imposed in writing, and the applicant may
be required to post bond or other surety for compliance with said
conditions in any amount satisfactory to the Board.
(3)
The special permit is granted for a period of
two years and shall lapse if substantial use or construction has not
commenced by such a date, except for good cause shown (including,
but not limited to, appeals of the grant of the special permit or
litigation enjoining the construction under the permit), and provided
further that such construction, once begun, shall be actively and
continuously pursued to completion within a reasonable time.
(4)
The Board shall request drawings and studies
which show the ultimate appearance and operation of the personal wireless
service facility at full build-out.
(5)
The Board may require the proponent to provide
or pay for engineering services to evaluate proposals submitted; determining
flexibility of geographic location, loading capacities of structures
and architectural review of camouflage techniques.
[Added 5-8-1998 ATM by Art. 19]
A.
Purpose. The purpose of this section is to promote
the availability of assisted living residences in the Town of Fairhaven;
to provide services for the elderly or elderly disabled persons; to
encourage residential settings that promote the dignity, individuality,
privacy and decisionmaking of such persons. For the purpose of this
section an assisted living residence is a building or buildings that
provides living assistance in a residential setting for people 55
years of age or older. These facilities shall provide or arrange for
the provision of the services required in MGL c. 19D, § 10.[1]
[1]
Note:
a. Opportunities for socializing and access
to community resources.
b. For all residents whose service plans so
specify, such services, supervision of and assistance with activities
of daily living including services such as, assistance, with bathing,
dressing, medication reminders and ambulation.
c. Up to three meals daily.
d. Housekeeping.
e. For all residents whose service plans so
specify, self-administered medication management by personnel meeting
standards for professional qualifications and training set forth in
the state assisted living act regulations.
f. Ability to provide timely assistance to
residents and to respond to urgent or emergency needs, by the presence
of twenty-four-hour per day on-site staff capability, by the provision
of personal emergency response devices for all residents or similar
means for the purpose of signaling such staff and by such other means
as the department may deem necessary for each assisted living residence,
taking into account the service plans of its residents.
g. Laundry service at a fee if necessary.
B.
Special permit granting authority. The special permit
granting authority for this section shall be the Fairhaven Planning
Board.
C.
Requirements.
(1)
All requirements of the underlying zoning district
shall remain in full force and effect, except as may be specifically
superseded herein.
(2)
The minimum size of the lot for such use in
Residential Districts, the Business and Mixed Use Districts shall
be five acres.
[Amended 11-23-1998 STM by Art. 23]
(3)
Each dwelling shall require 5,000 square feet
of lot area in the RR, RA and RB Zones and 3,500 square feet of lot
area in RC, B and MU Zones.
(4)
A maximum of 60 dwelling units in any one building
will be allowed.
(5)
A maximum of three buildings will be allowed
on any site.
(6)
Assisted living residences shall comply with
the following dimensional requirements: front setback 50 feet; side
setback 25 feet; rear setback 50 feet. Frontage, lot coverage and
maximum building height shall conform to the requirements of the district
where such use is located.
(7)
Assisted living residences shall be served by
municipal water and sewer.
(8)
A properly screened area must be provided for
storage of trash and recyclable materials. Outside storage areas or
enclosures shall be kept clean and shall be large enough to accommodate
the storage of all garbage and refuse containers. Garbage and refuse
containers, dumpsters and compactor systems shall be stored on or
above a smooth surface of nonabsorbent material, such as concrete
or asphalt. The property owner shall be financially and contractually
responsible for waste and recyclable material removal.
(9)
Assisted living residences may have as accessory
uses within the residential building such commercial sales and services
enterprises as may be desirable for the convenience of the residents,
including, without limitation, barbers/hairdressers, retail sales,
restaurants, snack bars, gift shops, laundry services, banking and
financial services, business and professional offices (the accessory
uses) subject to the following conditions:
(a)
Accessory uses shall be primarily for the use
and convenience of the residents and staff of an assisted living residence;
(b)
Accessory uses shall not exceed 10% of the total
floor area of the residence;
(c)
No accessory use, other than a restaurant or
a comprehensive outpatient rehabilitation facility may occupy more
than 1,000 square feet of floor area;
(d)
Capacity of a restaurant shall not exceed 60
seats; and
(e)
Accessory uses shall be wholly within a residential
structure and shall have no exterior advertising display.
(10)
Parking requirements for assisted living residences
shall include a minimum of one parking space for every two units.
(11)
Assisted living residences shall provide a passenger
drop-off/pick-up area for every residential building.
(12)
Assisted living residences shall provide one
off-street delivery space for every residential building. No portion
of the off-street parking area shall be considered as an off-street
delivery area.
[Added 11-23-1998 STM by Art. 25]
A.
Purpose and intent. It is the purpose of this section
to promote the public health, safety and general welfare and to prevent
problems of blight and deterioration which accompany and are brought
about by the concentration of sexually oriented businesses. It is
intended that the provisions of this amendment have neither the purpose
nor the effect of imposing limitation or restriction on the content
of any communicative materials, including sexually oriented materials;
and, it is not the intent nor effect of this section to restrict or
deny access by adults to sexually oriented materials protected by
the First Amendment, or to deny access by the distributors and exhibitors
of sexually oriented entertainment to their intended market; and,
neither is it the intent nor effect of this section to condone or
legitimize the distribution of obscene material.
B.
Special permit granting authority. The Planning Board
shall be the special permit granting authority (SPGA) under this section
in accordance with MGL c. 40A, §§ 9 and 9A.
C.
ADULT BOOKSTORE
ADULT PARAPHERNALIA STORE
ADULT VIDEO STORE
ADULT MOTION-PICTURE THEATER
ADULT MOTION-PICTURE ARCADE
ADULT CABARET
ADULT MOTEL
ADULT THEATER
NUDE MODEL STUDIO
OBSCENE ENTERTAINMENT
SEXUAL ENCOUNTER CENTER
SUBSTANTIAL OR SIGNIFICANT PORTION
Definitions of sexually oriented businesses. A sexually
oriented business is any place of business at which any of the following
activities is conducted:
An establishment having as a substantial or significant portion
of its business sales, inventory or stock-in-trade, books, magazines
and other matter which are distinguished or characterized by their
emphasis depicting, describing or relating to sexual conduct or sexual
excitement as defined in MGL c. 272, § 31.
An establishment having as a substantial or significant portion
of its business sales, inventory or stock-in-trade, devices, objects,
tools or toys which are distinguished or characterized by their association
with sexual activity, including sexual intercourse, sexual conduct
or sexual excitement as defined in MGL c. 272, § 31.
An establishment having as a substantial or significant portion
of its business sales, inventory or stock-in-trade, videos, movies
or other film material which are distinguished or characterized by
their emphasis depicting, describing or relating to sexual conduct
or sexual excitement as defined in MGL c. 272, § 31.
An enclosed theater building used for presenting material
distinguished by an emphasis on matter depicting, describing or relating
to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
Any place to which the public is permitted or invited where
electronically, electrically or mechanically controlled still- or
motion-picture machines, projectors or other image-producing devices
are maintained to show images to five or fewer persons per machine
at any one time, and in which a substantial portion of the total presentation
time of the images so displayed is devoted to the showing of material
which is distinguished or characterized by its emphasis depicting,
describing or relating to sexual conduct or sexual excitement as defined
in MGL c. 272, § 31.
A nightclub, bar, restaurant or similar establishment which
during a substantial portion of the total presentation time features
live performances which are distinguished or characterized by its
emphasis depicting, describing or relating to sexual conduct or sexual
excitement as defined in MGL c. 272, § 31.
A motel or similar establishment offering public accommodations
for any form of consideration which provides patrons with closed circuit
television transmissions, films, motion pictures, video cassettes,
slides or other photographic reproductions, a substantial portion
of the total presentation time of which are distinguished or characterized
by its emphasis depicting, describing or relating to sexual conduct
or sexual excitement as defined in MGL c. 272, § 31.
A theater, concert hall, auditorium or similar establishment,
either indoor or outdoor in nature, which, for any form of consideration,
regularly features live performances, a substantial portion of the
total presentation time of which are distinguished or characterized
by its emphasis depicting, describing or relating to sexual conduct
or sexual excitement as defined in MGL c. 272, § 31.
A place where a person who appears in a state of nudity or
displays male genitals in a state of sexual arousal and/or the vulva
or more intimate parts of the female genitals and is observed, sketched,
drawn, painted, sculptured, photographed or similarly depicted by
other persons who pay any form of consideration; and such display
is distinguished or characterized by its emphasis depicting, describing
or relating to sexual conduct or sexual excitement as defined in MGL
c. 272, § 31.
All entertainment which is obscene within the meaning of
that term as defined by MGL c. 272, § 31, and final adjudication
of a court of competent jurisdiction.
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration: (a) physical
contact in the form of wrestling or tumbling between persons of the
opposite sex; or (b) activities between male and female persons and/or
persons of the same sex when one or more persons is in the state of
nudity; or where the activities in (a) or (b) are distinguished or
characterized by its emphasis depicting, describing or relating to
sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
That any one of the following apply: 33% or more of the business
inventory or stock of merchandise for sale, rental, distribution or
exhibition during any period of time; or 33% or more of the annual
number of gross sales, rentals, or other business transactions; or
33% or more of the annual gross business revenue; or 33% or more of
the hours during which the establishment is open.
D.
Requirements regarding the allowed locations and location
restrictions of sexually oriented businesses.
(1)
All obscene entertainment, including bookstores
and motion-picture theaters that make available obscene materials,
are prohibited within the town.
(2)
Sexually oriented businesses, as defined above, shall be permitted only in the Industrial and Business Zones as provided for in § 198-16, provided that all other regulations, requirements and restrictions for the zone in which the sexually oriented business is to be located arc met; and, no sexually oriented business shall be permitted within:
(a)
Five hundred feet of another existing sexually
oriented business or one for which a building permit has been applied
for. The distance between any two sexually oriented businesses shall
be measured in a straight line, without regard to intervening structures,
from the closest property line of each property;
(b)
One thousand feet of any public, parochial or
private school, kindergarten or state-approved day-care center. This
setback shall include the grounds on which said public, parochial
or private school, kindergarten or state-approved day-care center
is located on. The distance between any sexually oriented business
and any public, parochial or private school, kindergarten or state-approved
day-care center shall be measured in a straight line, without regard
to intervening structures, from the closest property line of each
property;
(c)
One thousand feet from municipal and private
park and recreational facilities existing as of November 11, 1998,
including but not limited to Livesey Park, Fort Phoenix Park and State
Reservation, the Fairhaven Bicycle Path, the Little Bay Conservation
Area, Macomber Pimental Park, Bowlers Little League Field, Fairhaven
Little League Field, Cushman Park, West Island Beach, Pease Park and
West Island State Reservation. The distance between any sexually oriented
business and park and recreational facility shall be measured in a
straight line, without regard to intervening structures, from the
closest property line of each property;
(d)
One hundred feet of a residential district.
The distance between a residential district and a sexually oriented
business shall be measured in a straight line, without regard to intervening
structures, from the closest property line of the residential property
to the closest exterior structural wall or parking space associated
with the sexually oriented business.
(e)
Three hundred feet of Bridge Street between
Route 6 and Mill Road;
(f)
Two hundred feet of Route 240 between Interstate
195 and Route 6; and
(g)
The bounds of Long Island.
E.
Site development standards. Pursuant to MGL c. 40A, § 9A, the following site improvements and amenities are required, in addition to the special permit requirements found in § 198-29, Special permits for certain intensive nonresidential and multifamily site developments, to protect public safety and neighboring property values. The Planning Board is empowered hereunder to review and approve permit applications for sexually oriented businesses and impose reasonable restrictions for buffering, outdoor lighting, parking, adequate ingress and egress from the site off of and onto public roads, pedestrian movement, and to provide for appropriate landscaping and building aesthetics as the special permit granting authority and to avoid site development layout which may result in negative environmental impacts.
(1)
Dimensional requirements. Any building or structure
containing a sexually oriented business shall meet the setback requirements
and other dimensional controls of the appropriate district as specified
in this chapter. For any property proposed to contain a sexually oriented
business, the applicant for a special permit for such use shall demonstrate
that the entire property shall comply with these requirements and
controls following the establishment of such use thereon.
(2)
Parking and loading requirements. On-site parking and loading shall be provided in accordance with the requirements of § 198-27 of this chapter. For any property proposed to contain a sexually oriented business, the applicant for a special permit for such use shall demonstrate that the entire property shall comply with these requirements and controls following the establishment of such use thereon.
(3)
Site screening. Rear and side property lines shall be screened from any neighboring uses or properties. Screening shall be by a solid stockade fence that is 3 1/2 feet tall within 20 feet of the street and six feet tall elsewhere on the property consistent with § 198-19 of the Fairhaven Zoning Bylaw, plus a densely vegetated planting to include evergreens as well as deciduous tree varieties.
(4)
Site lighting shall be maintained at a minimum
lumen as determined by the Fairhaven Police Department to ensure adequate
visibility on the property to ensure public safety. Light standards
may not exceed 35 feet in height.
(5)
No portion of the front, rear or side lines
of a sexually oriented business, appurtenances or accessory uses,
shall hereafter be placed within 100 feet of any residential district.
No driveway to such premises shall be in any part within 100 feet
of any residential district. No such premises shall have any driveway
entrance or exit for motor vehicles within 300 feet of the property
used by any public library or church.
(6)
Signs. All signs for any sexually oriented business must meet the requirements of § 198-26 of this chapter except that no advertising signs shall be located within 20 feet of a public or private way and must be set back a minimum of 20 feet from all property lines. In addition, no advertisement, display or other promotional material which contains sexually explicit graphics or sexually explicit text, as defined in MGL c. 272, § 31, shall be visible to the public from any public way, including but not limited to sidewalks, pedestrian walkways, highways or bicycle paths. Signage for sexually oriented businesses shall not contain any moving, flashing or animated lights or visible moving or movable parts. No sexually oriented business may display flashing lights visible from outside the establishment.
(7)
Appearance of buildings for sexually oriented
businesses shall be consistent with the appearance of buildings in
similar (but not specifically adult) use in Fairhaven, not employing
unusual color or building design which would attract attention to
the premises.
(8)
If the sexually oriented business allows for
the showing of films or videos within the premises, the booths in
which the films or videos are viewed shall not be closed off by curtains,
doors or screens. All booths must be able to be clearly seen from
the center of the establishment.
(9)
All building openings, entries and windows shall
be screened in such a manner as to prevent visual access to the interior
of the establishment by minors.
(10)
No sexually oriented business shall be allowed
to disseminate or offer to disseminate adult matter or paraphernalia
to minors or suffer minors to view displays or linger on the premises.
(11)
The applicant for permission to operate any
sexually oriented business must file his application on a form approved
by the special permit granting authority with the special permit granting
authority and the Town Clerk. Such form shall contain information
as set forth in the rules and regulations established by the special
permit granting authority, but shall include as a minimum:
(a)
Name and address of the legal owner of the sexually
oriented business;
(b)
Name and address of all persons having lawful,
equity or security interests in the sexually oriented business;
(c)
Name and address of the manager;
(d)
The number of proposed employees;
(e)
Proposed security precautions; and
(f)
Physical layout of the premises in a format
established by the special permit granting authority.
(12)
No special permit for a sexually oriented business
shall be issued to any person convicted of violating MGL c. 119, § 63,
or MGL c. 272, § 28, or is listed on the Sex Offender Registry.
(13)
Any sexually oriented business special permit
issued under this chapter shall require that the owner of such business
shall supply on a continuing basis to the Building Commissioner any
change in the name of the record owner of address or any change in
the name of the current manager; and that failure to comply with this
provision shall result in the immediate revocation of such special
permit. If anyone so identified is or has been convicted of violating
MGL c. 119, § 63, or MGL c. 272, § 28, or is listed
on the Sex Offender Registry, such special permit shall be immediately
null and void.
(14)
No sexually oriented business special permit
shall be issued under this chapter, become valid or in full force
and effect until and unless the owner of the property containing such
sexually oriented business shall supply to the Planning Board a notarized
statement agreeing to all terms and conditions of said sexually oriented
business special permit.
(15)
Procedural requirements for special permits.
Special permits shall only be issued following public hearings held
within 65 days after filing of an application with the special permit
granting authority, a copy of which shall forthwith be given to the
City or Town Clerk by the applicant.
(16)
Action within 90 days after hearing or special
permit deemed granted. Special permit granting authorities shall act
within 90 days following a public hearing for which notice has been
given by publication or posting and by mailing to all parties in interest.
Failure by a special permit granting authority to take final action
upon an application for a special permit within said 90 days following
the date of public hearing shall be deemed to be a grant of the permit
applied for.
(17)
Lapse of special permit as permitted in MGL
c. 40A, § 9A, special permit granted under this section
shall lapse within two years, including such time required to pursue
or await the determination of an appeal as referred to in MGL c. 40A,
§ 17, from the grant thereof, if a substantial use thereof
has not sooner commenced except for good cause or, in the case of
permit for construction, if construction has not begun by such date
except for good cause.
F.
Severability. The invalidity of any section or provision
of this section shall not invalidate any other section or provision
thereof.
[Added 5-1-1999 ATM by Art. 8]
A.
Purpose. The purpose of this section is to relieve
the owner of a lot in the Wetland Resource Protection District from
a hardship or potential for hardship where the uses designated for
that district may prove impractical because of the nature of the property,
which may include the existence of a structure or structures on the
lot.
B.
Special permit granting authority. The special permit
granting authority for this section shall be the Fairhaven Planning
Board.
C.
Requirements.
(1)
The Fairhaven Planning Board may issue a special
permit allowing a lot in the Wetland Resource Protection District
to be used in conformance with the provisions of the Zoning Bylaw
as they relate to the Mixed Use District, if the Board determines
that the limitations upon use imposed by the Wetland Resource Protection
District would cause a hardship or potential for hardship because
of the nature of the lot, which may include the existence of a structure
or structures on the lot.
(2)
The condition to which the hardship or potential
hardship relates must be a structure in existence on January 1, 1999,
or a condition on the land which was in existence on January 1, 1999,
and in either event the structure or condition must not have been
substantially changed since January 1, 1999, unless the change was
beyond the control of the property owner, or if within the owner's
control, did not substantially add to the hardship or potential hardship.
The property owner must document the hardship or potential hardship
for the Planning Board; said documentation shall include a review
of the allowed and permitted uses within the Wetland Resource Protection
District and the nature of the conditions which were in existence
on January 1, 1999, that preclude the use of the property for the
allowed and permitted uses in the district. The presence of wetland
resource areas shall not be considered grounds for a hardship related
to the condition of the land under this section.
(3)
A special permit under this section may be allowed only when all procedural and substantive requirements for the proposed use under the provisions of the Mixed Use District and the requirements of § 198-8 have been met.
(4)
Where the use proposed under this section is
a use authorized by special permit in the Mixed Use District, the
application for special permits shall be merged under this section,
and the Planning Board shall be the special permit granting authority
for those permits.
(5)
A special permit under this section shall not
be barred by the discontinuance or abandonment of a prior use on the
lot.
(6)
The presence of the hardship or potential for hardship shall allow for the application of the uses in the Mixed Use District as found in § 198-16, Use Regulation Schedule. The intensity of use requirements for the Wetland Resource Protection District, as found in § 193-18, Intensity Of Use Schedule, shall apply to all development in the district regardless of the presence of or potential for hardship.
[Added 5-1-2004 STM by Art. 11; amended 5-5-2007 STM by Art.
18; 5-4-2013 ATM by Art. 19]
A.
Purpose. The purpose of this section is to encourage the use of wind
energy and provide for the construction and operation of WEF and to
provide standards for the placement, design, construction, monitoring,
modification and removal of WEF that address public safety, minimize
impacts on scenic, natural and historic resources of the Town and
provide adequate financial assurance for decommissioning. The provisions
set forth in this section shall take precedence over all other sections
when considering applications related to the construction, operation,
and/or repair of WEF.
B.
Applicability. This section applies to all municipal and private
utility-scale, on-site WEF, and small wind energy systems proposed
to be constructed after the effective date of this section, but not
to facilities fully constructed prior to the adoption of this section.
This section also includes building integrated WEF, and physical modifications
to existing WEF that materially alter the type, configuration, location
or size of such facilities or other equipment.
C.
Special permit granting authority. The Planning Board shall be the
special permit granting authority (SPGA) for WEF in all districts.
D.
Validity: The invalidity of any provision of this section shall not
invalidate any other section or provision thereof.
E.
Application for special permit. The following information must be
submitted for an application to be considered complete:
(1)
A locus plan at a scale of one inch equals 200 feet which shall
show all property lines, the exact location of the proposed structure(s),
street landscape features, dwellings and other structures within 500
feet of the wind turbine from the proposed tower location.
(2)
A color photograph or rendition of the WEF. A rendition shall
also be prepared illustrating a view of the WEF from the nearest street
or streets in all directions.
(3)
The following information must be prepared and signed by a registered
professional engineer licensed to practice in the Commonwealth of
Massachusetts:
(a)
A description of the WEF and the technical, economic and other
reasons for the proposed location, height and design.
(b)
Confirmation that the WEF complies with all applicable federal
and state standards, including but not limited to US Fish and Wildlife
Service, Massachusetts Environmental Policy Act (MEPA)[1] and environmental notification form (ENF) by Massachusetts
Executive Office of Environmental Affairs, access approval by Massachusetts
Highway Department and Massachusetts Historic Commission.
[1]
Editor's Note: See 301 CMR 11.00.
(c)
If applicable, a written statement that the proposed WEF complies
with, or is exempt from, applicable regulations administered by the
Federal Aviation Administration (FAA), Massachusetts Aeronautics Commission
and the Massachusetts Department of Public Health.
(d)
Fairhaven Conservation Commission. The applicant must file a
notice of intent if within the wetland resource areas or if within
100 feet buffer zone.
(e)
An analysis of the shadow flicker of the WEF shall be provided.
(f)
A statement listing existing and maximum projected sound levels
from the WEF.
(g)
Existing areas of tree cover, including average height of trees,
on the site parcel and adjacent parcels within 300 feet.
(i)
Abutter notice additional requirements. The applicant shall
notify all abutting property owners whose property falls within 300
feet of the outermost setback area, but in no case less than 300 feet
of the applicant's property line to the nearest property owner.
(4)
Proof of liability insurance. The applicant shall be required
to provide evidence of liability insurance in an amount, and for the
duration, sufficient to cover loss or damage to persons and property
occasioned by the failure of the facility.
(5)
Utility notification. No special permit and/or site plan for
the installation of a WEF shall be approved until evidence has been
given that the electric utility company has been informed of the customer's
intent to install an interconnected customer-owned generator, and
copies of site plans showing the proposed location have been submitted
to the utility for review. An interconnection agreement pursuant to
applicable tariff and consistent with the requirements for other generation
must be executed with the utility prior to any construction. Off-grid
systems shall be exempt from this requirement, unless they are proposed
to be located within setback distance from the sideline of an existing
utility right-of-way (ROW).
(6)
Meteorological towers (METs) shall be permitted under the same
standards as a small wind system, except that the requirements apply
to a temporary structure. A permit for a temporary met tower shall
be valid for a maximum of three years, after which an extension may
be granted. Small anemometers installed directly on buildings shall
not require a building or special permit. No site plan review shall
be required for met towers. METs shall not be located within setback
distance from the sideline of any utility ROW.
(7)
Site control. At the time of its application for a special or
building permit, the applicant shall submit documentation of actual
or prospective control of the project site sufficient to allow for
installation and use of the proposed facility. Documentation shall
also include proof of control over setback areas and access roads,
if required. Control shall mean the legal authority to prevent the
use or construction of any structure for human habitation, or inconsistent
or interfering use, within the setback areas.
F.
General siting and design standards. Unless otherwise expressly provided
by this section, requirements of the underlying zoning district shall
apply and in addition the following design standards shall apply:
(1)
Accessory structures housing support equipment shall be screened
from the view of persons not on the parcel.
(2)
Fencing shall be provided to control access to the site of the
WEF and accessory structures.
(3)
Signs. There shall be no signs, except announcement signs, no-trespassing
signs or any signs required to warn of danger. A sign is required
that identifies the owner and operator with an emergency telephone
number where the owner and operator can be reached on a twenty-four-hour
basis.
(4)
All utility connections from the WEF site shall be underground
except to the extent that underground utilities are not feasible in
the reasonable determination of the SPGA.
(5)
Clearing of natural vegetation shall be limited to that which
is necessary for the construction, operation and maintenance of the
WEF.
(6)
Night lighting shall be prohibited unless required by state
or federal law and shall be the minimum necessary.
(7)
There shall be a minimum of one parking space to be used in
connection with the maintenance of the WEF and the site; however,
it shall not to be used for the permanent storage of vehicles.
(8)
Wind facilities shall be painted a neutral, non-reflective color
designed to blend with the surrounding environment.
(9)
Removal. The owner, his successors in interest shall remove
any WEF, the use of which has been discontinued. At the time of removal,
the WEF site shall be restored to its natural state or to any other
legally authorized use. All wind turbines and appurtenant structures
shall also be removed. The SPGA shall require that a bond, escrow
account or other suitable surety be established to ensure adequate
funds are available for removal. Municipal wind facilities shall be
exempt from the surety requirement.
G.
Criteria for review and approval.
(1)
A special permit shall be granted under this section if the
SPGA finds in writing that each of the design standards set forth
above have been met and that the location of the WEF is suitable and
that the size, height and design are the minimum necessary for that
purpose.
(2)
The SPGA shall also impose, in addition to any applicable conditions
specified in this section, such conditions as it finds reasonably
appropriate to safeguard the neighborhood or otherwise serve the purposes
of this section, including, but not limited to: screening, lighting,
fences, modification of the exterior appearance of the structures,
limitation upon size, method of access or traffic features, parking,
removal upon cessation of use or other requirements. Such conditions
shall be imposed in writing and the applicant may be required to post
bond or other surety for compliance with said conditions in an amount
satisfactory to the SPGA.
(3)
The special permit shall lapse if substantial use or construction
has not commenced within two years of the date of issuance, except
for good cause shown (including but not limited to appeals of the
grant of the special permit or litigation enjoining the construction
under the permit), and provided further that such construction, once
begun, shall be actively and continuously pursued to completion within
a reasonable time.
H.
WEF - utility-scale. Requirements.
(1)
Financial surety. The SPGA may require the applicant for utility
scale wind facilities to provide a form of surety, either through
escrow account, bond or otherwise, to cover the cost of removal or
failure to maintain in the event the Town must remove or maintain
the facility, of an amount and form determined to be reasonable by
the special permit granting authority, but in no event to exceed more
than 125% of the cost of removal and compliance with the additional
requirements set forth herein, as determined by the applicant. Such
surety will not be required for municipally or state-owned facilities.
The applicant shall submit a fully inclusive estimate of the costs
associated with removal, prepared by a qualified engineer. The amount
shall include a mechanism for cost of living adjustment.
(2)
Size. The maximum nameplate rating shall not exceed 660kW.
(3)
The WEF shall be located on a parcel of land that contains a
minimum of 10 acres. The SPGA may allow more than one wind turbine
if a determination is made that the location is favorable to the clustering
of wind turbines.
(4)
Height. The WEF shall have a maximum tip height (MTH) no greater
than 265 feet above the current grade of the land.
(5)
Setbacks. The WEF shall, at all times while in operation, meet
the three required setbacks as follows:
(a)
A distance equal to 1.1 times the (MTH) of the wind turbine
from principal structures, critical infrastructure such as but not
limited to power lines, natural gas or distribution infrastructure.
(b)
A distance equal to 4.0 times the (MTH) of the turbine from
the nearest off-site residential, commercial structure or public way.
(c)
A distance equal to 1.5 times the (MTH) of the turbine from
the nearest non-participating property line and private way(s) that
are not part of the WEF.
(6)
Setback waiver. The SPGA may allow non-participating property
within the minimum required setbacks, only if the SPGA agrees to the
condition based on site-specific considerations and is provided evidence
of written consent of the all the affected abutting property owner(s)
who are in agreement.
(a)
The SPGA, in its discretion, shall be authorized to waive the
setback, sound and shadow flicker provisions of this section to the
extent these provisions affect a non-participating property, provided
that the applicant submits the request in writing, accompanied by
an affidavit signed by every non-participating property owner(s) inside
the required setback area. The affidavit shall contain the non-participating
property owner's acknowledgement of the setback, sound or shadow flicker
requirements of this section and what is proposed in lieu thereof,
describe the impact on the non-participating property owner(s), and
state the non-participating property owner's support for the applicant's
waiver request. A non-participating property owner's affidavit shall
be made a part of the special permit decision and shall be recorded
separately with the Bristol County Registry of Deeds (Southern District)
at the same time that the special permit decision is recorded to provide
notice to all subsequent purchasers of the non-participating property
of the waiver(s) granted.
(7)
Visualizations. The SPGA may select up to four sight lines,
including from the nearest building with a view of the WEF, for pre-
and post-construction view representations. Sites for the view representations
shall be selected from populated areas or public ways within a two-mile
radius of the proposed WEF. View representations shall have the following
characteristics:
(a)
View representations shall be in color and shall include actual
pre-construction photographs and accurate post-construction simulations
of the height and breadth of the WEF (e.g., superimpositions of the
WEF on to photographs of existing views).
(b)
All view representations will include existing, proposed buildings
or tree coverage.
(c)
Include description of the technical procedures followed in
producing the visualization (distances, angles, lens, etc.).
(d)
Site balloon test. The applicant shall arrange to fly a brightly
colored, four-foot balloon at the MTH and at the proposed tower location.
The days and hours will be agreed to by the SPGA and the applicant
beforehand. The dates and times of the test will be advertised in
the local newspaper.
(8)
Location map. The applicant shall submit, to the SPGA, a copy
of a portion of the most recent USGS quadrangle map, at a scale of
1:25,000, showing the proposed facility site and the area within at
least two miles from the facility. Zoning district designation for
the subject parcel should be included; however, a copy of a Zoning
Map with the parcel identified is suitable.
(9)
Operation and maintenance plan. The applicant shall submit a
plan for maintenance of access roads and stormwater controls, as well
as detailed procedures for operational maintenance of the WEF that
are in accordance with manufacturer's recommendations for the period
of expected operation of such facility.
(10)
Annual operations and maintenance (O&M) report. A report
shall be filed annually with the Planning Board for the facilities
permitted under this section. Required report to be delivered beginning
at the end of the first 12 months facilities are placed into operation
and thereafter every year on anniversary date that the facilities
are in operation. Copies of the annual O&M report form are available
at the Planning Board's office.
(11)
Landscape plan. A plan indicating all proposed changes to the
landscape of the site, including temporary or permanent roads or driveways,
grading, vegetation clearing and planting, exterior lighting, other
than FAA lights, screening vegetation or structures. Lighting shall
be designed to minimize glare on abutting properties and except as
required by the FAA be directed downward with full cut-off fixtures
to reduce light pollution.
(12)
Independent consultants. Upon submission of an application for
a special permit, the SPGA shall be authorized to hire outside consultants,
paid for by the applicant.
(13)
A WEF requiring guy wires for support shall not be permitted.
I.
WEF - on-site. Requirements.
(1)
Size. The maximum nameplate rating shall not exceed 200kW.
(2)
Height. The WEF shall have a MTH no greater than 165 feet above
the current grade of the land.
(3)
Setbacks. The WEF shall, at all times while in operation, meet
the three required setbacks as follows:
(a)
A distance no closer than 2.0 times the MTH, from the nearest
property line.
(b)
A setback area, computed as a circle with the tower at its center
and a radius equal to the MTH, shall be required from building or
buildings which are on the same parcel(s) and which are served by
the WEF.
(c)
A setback equal to 3.0 times the MTH from the nearest residential
structure.
(4)
Setback waiver. The SPGA may allow non-participating property
within the minimum required setbacks, only if the SPGA agrees to the
condition based on site-specific considerations and is provided evidence
of written consent of the all the affected abutting property owner(s)
who are in agreement.
(a)
The SPGA, in its discretion, shall be authorized to waive the
setback, sound and shadow flicker provisions of this section to the
extent these provisions affect a non-participating property, provided
that the applicant submits the request in writing, accompanied by
an affidavit signed by every non-participating property owner(s) inside
the required setback area. The affidavit shall contain the non-participating
property owner's acknowledgement of the setback, sound or shadow flicker
requirements of this section and what is proposed in lieu thereof,
describe the impact on the non-participating property owner(s), and
state the non-participating property owner's support for the applicant's
waiver request. A non-participating property owner's affidavit shall
be made a part of the special permit decision and shall be recorded
separately with the Bristol County Registry of Deeds (Southern District)
at the same time that the special permit decision is recorded to provide
notice to all subsequent purchasers of the non-participating property
of the waiver(s) granted.
(5)
Site plan: shall be a plan of the proposed WEF site, with existing
and proposed topography at two-foot minimum contours, at an appropriate
scale showing the following:
(a)
Property lines for the site parcel and adjacent parcels within
500 feet.
(b)
Outline of all existing buildings, including purpose (e.g.,
residence, garage, etc.), on site parcel and all adjacent parcels
within 500 feet. Include distances from the WEF to each building shown.
(c)
Location of all roads, public and private, on the site parcel
and adjacent parcels within the setback distance of 1.2 times the
blade tip height, and proposed roads or driveways, either temporary
or permanent.
(d)
Existing areas of tree cover, including average height of trees,
on the site parcel and adjacent parcels within the setback distance
of 3.0 times the MTH.
(e)
Proposed location and design of WEF, including all turbines,
ground equipment, appurtenant structures, transmission infrastructure,
access, fencing, exterior lighting, etc.
(6)
Visualizations. The SPGA may select up to three sight lines,
including from the nearest building with a view of the WEF, for pre-
and post-construction view representations. Sites for the view representations
shall be selected from populated areas or public ways within a two-mile
radius of the proposed WEF. View representations shall have the following
characteristics:
(a)
View representations shall be in color and shall include actual
pre-construction photographs and accurate post-construction simulations
of the height and breadth of the WEF (e.g., superimpositions of the
WEF onto photographs of existing views).
(b)
All view representations will include existing, or proposed,
buildings or tree coverage.
(c)
Include description of the technical procedures followed in
producing the visualization (distances, angles, lens, etc.).
(d)
Site balloon test. The applicant shall arrange to fly a brightly
colored, four-foot balloon at the MTH and at the proposed tower location.
The days and hours will be agreed to by the SPGA and the applicant
beforehand. The dates and times of the test will be advertised in
the local newspaper.
(8)
Landscape plan. A plan indicating all proposed changes to the
landscape of the site, including temporary or permanent roads or driveways,
grading, vegetation clearing and planting, exterior lighting, other
than FAA lights, screening vegetation or structures. Lighting shall
be designed to minimize glare on abutting properties and except as
required by the FAA be directed downward with full cut-off fixtures
to reduce light pollution.
(9)
Independent consultants. Upon submission of an application for
a special permit, the SPGA shall be authorized to hire outside consultants,
paid for by the applicant.
(10)
A WEF requiring guy wires for support shall not be permitted.
(11)
Annual operations and maintenance report. A report shall be
filed annually with the Planning Board for the facilities permitted
under this section. Required report to be delivered beginning at the
end of the first 12 months facilities are placed into operation and
thereafter every year on anniversary date that the facilities are
in operation. Copies of the annual O&M report form are available
at the Planning Board's office.
J.
WEF - small wind energy system. Requirements.
(1)
WEF shall have a MTH no greater than 75 feet and may exceed the MTH by special permit issued by the Zoning Board of Appeals upon a finding that the height of the proposed structure does not derogate from the purpose of this section as set forth in Subsection A, Purpose, above.
(2)
WEF shall be located no closer than the MTH, from the nearest
non-accessory structure; provided that no setback shall be required
from building or buildings which are on the same parcel and which
are served by the WEF.
(3)
One or more wind facilities, which shall have a total rated
nameplate capacity not to exceed 10kW.
K.
WEF - building integrated WEF (BIWF). Requirements.
(1)
No BIWF shall be erected, constructed, installed or modified without first obtaining a special permit from the SPGA. The construction of a BIWF shall be allowed subject to the issuance of a special permit and provided that the use complies with all requirements of this subsection and Subsection E above. All such wind facilities shall, where economically feasible, be constructed and operated in a manner that minimizes any adverse visual, safety, and environmental impacts.
(2)
Required supporting documentation for BIWF. The special permit
application must, at a minimum, include:
(a)
Analysis and design documents, completed by a structural engineer
registered to practice in the Commonwealth of Massachusetts, demonstrating
that the proposed building is structurally sufficient to support the
permanent installation of the proposed BIWF. At a minimum, the analysis
should address vibration, wind load, and ice load.
(b)
Elevation drawings of BIWF installed, viewed from north, south,
east, and west.
(c)
Building schematic detailing point(s) of connection and associated
supports for the BIWF.
(d)
Schematic of attachment method for connecting the BIWF to the
building.
(e)
Specification sheets for wind turbine and all related components
(inverters, controllers, disconnects, etc.).
(f)
One or three line electrical diagram detailing wind turbine,
associated components, and electrical interconnection methods, with
all National Electrical Code (NEC) compliant disconnect and over current
devices.
L.
Safety and environmental standards. Wind facilities operations shall
be required to adhere to all requirements of this section at all times
the wind facilities are in operation unless waived by the SPGA in
its written decision.
(1)
Emergency services. The applicant shall provide a copy of the
project summary, electrical schematic, and site plan to the local
Town emergency services, as designated by the permit granting authority,
as well as the local electrical utility company. Upon request, the
applicant shall cooperate with local emergency services in developing
an emergency response plan. All means of disconnecting the WEF shall
be clearly marked and accessible.
(a)
The applicant or facility owner shall maintain a phone number
and identify a responsible person for the public to contact with inquiries
and complaints throughout the life of the project.
(2)
Fire protection system. The nacelle of a utility-scale WEF shall
be protected by an automatic fire suppression system. Fairhaven fire
officials will observe the system in place immediately prior to the
erection of the nacelle to the tower.
(3)
Unauthorized access. Wind turbines or other structures part
of a WEF shall be designed to prevent unauthorized access. For instance,
the tower shall be designed and installed so as to not provide step
bolts or other climbing means readily accessible to the public for
a minimum height of eight feet above the ground. Electrical equipment
shall be locked where possible.
(4)
Shadow/flicker. Wind facilities shall be sited in a manner that
minimizes shadowing or flicker impacts. The applicant has the burden
of proving that this effect does not have significant adverse impact
on neighboring or adjacent uses.
(5)
Noise. The WEF and associated equipment shall conform with the
provisions of the Department of Environmental Protection's (DEP) Division
of Air Quality Noise Regulations (currently 310 CMR 7.10), unless
the DEP and the SPGA agree that those provisions shall not be applicable.
A source of sound will be considered to be violating these regulations
if the source:
(a)
Increases the broadband sound level by more than 10 dB(A) above
ambient; or
(b)
Produces a pure tone condition when an octave band center frequency
sound pressure level exceeds the two adjacent center frequency sound
pressure levels by three decibels or more. These criteria are measured
both at the property line and at the nearest inhabited structure.
Ambient is defined as the background A-weighted sound level that is
exceeded 90% of the time measured during equipment hours. The ambient
may also be established by other means with consent from DEP. An analysis
prepared by a qualified engineer shall be presented to demonstrate
compliance with these noise standards, if required by the permit granting
authority.
[1]
The SPGA, in consultation with the DEP, shall determine
whether such violations shall be measured at the property line or
at the nearest inhabited residence. The WEF owner and operator shall
make reasonable efforts to respond to the public's inquiries and complaints.
[2]
Upon receipt of a complaint to the Fairhaven Board
of Health (BOH) regarding sound from an existing facility, the BOH
will investigate the complaint. The BOH will follow its established
complaint procedure to monitor and analyze the sources of complaints.
If the BOH determines the complaint to be reasonable, the owner or
operator shall be required, at its expense, to have prepared, by an
independent professional acoustical engineer approved by the Town,
an acoustical study that measures sound levels and demonstrates compliance
with the sound standards in this section.
(c)
Sound assessment. The applicant shall provide a report estimating
current ambient sound at appropriate locations and maximum projected
sound from the proposed facility, measured in dB(A) (decibels A-weighted),
including but not limited to the following:
[1]
An estimation or measurement of the existing ambient
background sound levels.
[2]
Identification of a model for sound propagation
(sound modeling software will include a propagation model).
[3]
A prediction or measurement of sound levels from
the facility at the nearest non-participating landowner's occupied
building(s), at all participating landowner's occupied building(s),
and the nearest property line. Inputs to the model must include specifications
and expected sound data from the actual manufacturer and model number
of the equipment proposed for the site.
[4]
A comparison of calculated sound pressure levels
from the facility with background sound pressure levels at the locations
of concern.
[5]
An estimate of the maximum total sound in the environment
after the facility is operational. A listing of all inputs used in
the sound assessment, and all sound data, manufacturers data, power
curves and sound curves used as inputs in the sound assessment must
be provided to the Board before the assessment is considered complete.
(d)
Operational noise analysis. The applicant shall conduct with
the BOH an operational analysis of noise during the first 90 days
of operation. The WEF facility shall not be allowed to operate between
the hours of 7:00 p.m. and 7:00 a.m., except during periods when a
live attendant is present and is actively conducting a sound assessment
in accordance with approved protocol. This restriction shall remain
in place until the applicant has proven the system has operated in
compliance for at least 90 consecutive calendar days. The applicant
will need to observe weather forecasts and plan to attend highest
wind days in order to keep the system running through increasing wind
periods. The BOH shall have access to all power and noise data recorded
by the applicant's monitoring system and shall produce reports upon
written request of the BOH. The analysis will be coordinated with
the BOH and shall contain sufficient information for a determination
of whether the facility meets Massachusetts 310 CMR 7.10, and this
section, as required above.
(e)
The applicant shall provide, at his/her own expense, two permanently
mounted sound meters, with data loggers, for the purpose of recording
sound levels at the property line of the two abutters forecast to
be impacted the most by sound from sound emissions from the WEF. A
written report explaining how the location of the meters was determined
shall be submitted to the BOH for review prior to installation. This
equipment shall be used to establish a baseline for sound at the location
observed during commissioning/compliance testing and will allow the
BOH to determine when a significant change in sound power has been
experienced at the site (for any reason, such as wear and tear, poor
maintenance, change in topography from storms, etc.). Metering equipment
shall be calibrated annually at the applicants' expense and no WEF
shall remain in operation without an operational sound meter in place.
Once the compliance testing is complete, the two data loggers shall
record sound levels continuously and at intervals of 1/8 of a second
per sample maximum and summary reports shall be made available on
a monthly basis (or upon request) to the BOH.
(6)
Land clearing, soil erosion and habitat impacts. Clearing of
natural vegetation shall be limited to that which is necessary for
the construction, operation and maintenance of the WEF and is otherwise
prescribed by applicable laws, regulations, and ordinances, and subject
to existing easements, restrictions and conditions of record.
(7)
Avian study and bat studies. The applicant shall submit the
results of an avian and bat species analysis to the SPGA. The applicant
shall continually monitor the injuries and fatalities to assess compliance
of the site with the recommendations as proposed in the studies, if
any.
(8)
Facility conditions. The applicant shall maintain the WEF in
good condition. Maintenance shall include, but not be limited to,
painting, structural repairs, emergency braking (stopping) and integrity
of security measures. Site access shall be maintained to a level acceptable
to the Fire Chief. The project owner shall be responsible for the
cost of maintaining the WEF and any access road(s), unless accepted
as a public way, and the cost of repairing any damage occurring as
a result of operation and construction.
(9)
Modifications. All material modifications to a WEF made after
issuance of the special permit shall require approval by the SPGA
as provided in this section.
(10)
The WEF shall be equipped with controls to detect imbalance
that could occur for any reason, including ice and snow build-up.
These sensors shall shut down the turbine automatically in the event
of snow and ice build-up and shall not allow the equipment to restart
until a safe operating condition has been restored. The Town public
safety officials shall have access to records showing date and time
of imbalance shutdown. Calibration of the sensors shall be certified
every year, on or before October 1.
M.
Criteria for review and approval.
(1)
A special permit shall be granted under this section if the
SPGA finds in writing that each WEF meets its designated tower requirements
listed above, and that the design, safety and environmental standards,
set forth above, have been met.
(2)
The SPGA shall also impose, in addition to any applicable conditions
specified in this section, such conditions as it finds reasonably
appropriate to safeguard the neighborhood or otherwise serve the purposes
of this section, including, but not limited to: screening, lighting,
fences, modification of the exterior appearance of the structures,
limitation upon size, hours of operation, method of access or traffic
features, parking, removal upon cessation of use or other requirements.
Such conditions shall be imposed in writing and the applicant may
be required to post bond or other surety for compliance with said
conditions in an amount satisfactory to the SPGA.
(3)
The special permit shall lapse if substantial use or construction
has not commenced within two years of the date of issuance, except
for good cause shown (including but not limited to appeals of the
grant of the special permit or litigation enjoining the construction
under the permit), and provided further that such construction, once
begun, shall be actively and continuously pursued to completion within
a reasonable time.
(4)
The SPGA will require the applicant to pay for outside, independent
professional services to evaluate the proposal's compliance with this
section and to determine the flexibility of geographic location, to
analyze the loading capacities of the proposed structures, and to
review camouflage and screening techniques.
(5)
The final decision of the SPGA shall contain a condition when
mitigation, turbine shutdown or removal would be imposed if a WEF
is found to become non-compliant with this section.
[Added 5-4-2013 STM by Art. 8]
A.
Purpose. The purpose of this by-law is to encourage the use of solar
photovoltaic energy and provide for the construction and operation
of ground-mounted SPEF and to provide standards for the placement,
design, construction, monitoring, modification and removal of ground-mounted
SPEF that address public safety, minimize impacts on scenic, natural
and historic resources of the Town and provide adequate financial
assurance for decommissioning. The provisions set forth in this section
shall take precedence over all other sections when considering applications
related to the construction, operation, and/or repair of ground-mounted
SPEF.
B.
Applicability. This section applies to all ground-mounted solar photovoltaic
installations proposed to be constructed after the effective date
of this section. This section also pertains to physical modifications
that materially alter the type, configuration, or size of these installations
or related equipment. Roof-mounted SPEF are not governed under this
section and are permitted in all districts when connected behind the
meter.
C.
Compliance with laws, ordinances and regulations. The construction
and operation of all SPEF shall be consistent with all applicable
local, state and federal requirements, including but not limited to
all applicable safety, construction, electrical, and communications
requirements. All buildings and fixtures forming part of a SPEF shall
be constructed in accordance with the State Building Code.
D.
Special permit granting authority. The Planning Board shall be the
special permit granting authority (SPGA) for all SPEF as defined in
this section.
E.
Validity: The invalidity of any provision of this section shall not
invalidate any other section or provision thereof.
F.
Application for special permit review. Submittal application for
special permit review shall require the filling of one copy of a site
plan review application and 10 prints of the site plan drawn to an
adequate scale to convey all required information. Such plan(s) shall
contain the following for an application to be considered complete.
(1)
Actual dimensions of the lot.
(2)
All easements existing or proposed.
(3)
Location and size of existing and proposed structures including
any existing structures within 100 feet of the site.
(4)
Name, width and condition of all abutting streets.
(5)
Existing and proposed topography at two-foot minimum contours.
(6)
Existing and proposed water, sanitary and storm drainage facilities.
(7)
Landscape plan. Landscaping including sizes, types and numbers
of plantings and details. Existing vegetation and other unique land
features shall be preserved where feasible.
(8)
Blueprints or drawings of the SPEF signed by a professional
engineer licensed to practice in the Commonwealth of Massachusetts
showing the proposed layout of the system and any potential shading
from nearby structures.
(9)
The stamps and seal of the professional land surveyor responsible
for surveying the property.
(10)
The stamp and signature of the professional engineer responsible
for drawing the plan.
(11)
The location of all wetlands on the site and within 100 feet
of the site.
(13)
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, screening vegetation or
structures.
(14)
A stormwater management plan (SMP) detailing the existing environmental and hydrological conditions of the site, proposed alterations of the site and all proposed components of the drainage system and any measures for the detention, retention, or infiltration of water, for the protection of water quality and protection from flooding. As described in § 198-31.1, Stormwater management.
(15)
A description of the solar photovoltaic facility and the technical,
economic and other reasons for the proposed location and design shall
be prepared and signed by a registered professional engineer.
(16)
Confirmation prepared and signed by a registered professional
engineer that the SPEF complies with all applicable federal and state
standards.
(17)
One or three line electrical diagram detailing the solar photovoltaic
installation, associated components, and electrical interconnection
methods, with all National Electrical Code compliant disconnects and
over current devices.
(18)
Documentation of the major system components to be used, including
the PV panels, mounting system, inverters.
(19)
Documentation of the sound generated by equipment used in the
production of electrical energy, including any proprietary documentation.
A sound study will be required by the SPGA to determine the impact
of noise on abutting residences.
(20)
Documentation of actual or prospective access and control of
the project.
(21)
An operation and maintenance plan. (See also § 198.29.6G(13)
below.)
G.
General design review standards. Unless otherwise expressly provided
by this section of the bylaw all requirements of the underlying zoning
district shall apply and in addition the following standards shall
apply.
(1)
Large-scale, ground-mounted SPEF shall:
(a)
Be located on a parcel of land that contains a minimum of 10
acres when in the RR, B, I, AG or WRP districts.
(b)
Be set back 75 feet for the front, 50 for side and rear yards
from abutting RA, RB, RC, RR, AG, MU, WRP and P Districts.
(c)
Be setback 50 feet from front yard in the B and I Districts,
but 10 feet from side and rear yards when abutting the B and I Districts.
(2)
On-site SPEF shall:
(a)
Be sized by electrical load according to the building they serve
and must be connected to the customer side, behind the electrical
service metering equipment.
(b)
Be set back, at a minimum, to the district setbacks they fall
in.
(c)
Not cast glare to abutting uses by providing screening methods.
(d)
Not permit the equipment to create excessive noise to abutters
by installing inverters as far from abutting structures as feasible.
(e)
Provide fencing to prevent unauthorized access to arrays.
(3)
All appurtenant structures, including, but not limited to, equipment
shelters, storage facilities, transformers, and substations, shall
be architecturally compatible with each other and shall be screened
from the view of persons not on the parcel, public rights-of-ways
and all residential districts.
(4)
Lighting of SPEF shall be consistent with state and federal
law. Lighting of appurtenant structures shall be limited to that required
for safety and operational purposes, and shall be reasonably shielded
from abutting properties. Where feasible, lighting of the solar photovoltaic
installation shall be directed downward and shall incorporate full
cut-off fixtures to reduce light pollution.
(5)
Signs. There shall be no signs, except announcement signs, no
trespassing signs or any signs required to warn of danger. A sign
is required that identifies the owner and operator with an emergency
telephone number where the owner and operator can be reached on a
twenty-four-hour basis.
(6)
All utility connections from the SPEF site shall be underground
except to the extent that underground utilities are not feasible in
the reasonable determination of the SPGA.
(7)
Inverters shall be sited so as to minimize sound impact to abutting
residences.
(8)
Clear cutting of trees and natural vegetation, within five years,
shall be prohibited for the construction, operation and maintenance
of the solar photovoltaic facility.
(9)
There shall be a minimum of one parking space to be used in
connection with the maintenance of the SPEF and the site; however,
it shall not to be used for the permanent storage of vehicles.
(10)
Setbacks shall provide for adequate screening of noise and glare
from abutting uses and structures. Techniques such as dense natural
vegetated plantings, earthen berms or increased setbacks will be required,
depending upon site-specific conditions. Setbacks shall not be disturbed
by access roads, except where allowed by the SPGA for access to the
site. Setbacks shall not be used for any purpose other than natural
vegetation or other screening required by the SPGA. Setbacks from
property lines shall be as provided above for type of SPEF.
(11)
All ground-mounted SPEF shall be fenced for security. Fencing
that is visible from right-of-way or residence shall be vinyl coated
or another decorative type of fence acceptable to the SPGA. All fencing
shall be designed to blend into the landscape.
(12)
The project proponent shall submit a plan for the operation
and maintenance of the ground-mounted SPEF, which shall include measures
for maintaining safe access to the installation, stormwater controls,
as well as general procedures for operational maintenance of the installation.
(13)
The SPEF owner or operator shall provide a copy of the project
summary, electrical schematic, and site plan to the local fire chief.
Upon request the owner or operator shall cooperate with local emergency
services in developing an emergency response plan. All means of shutting
down the SPEF shall be clearly marked. The owner or operator shall
identify a responsible person for public inquiries throughout the
life of the installation.
(14)
No ground—mounted SPEF shall be approved or constructed
until evidence has been given to the SPGA that the utility company
that operates the electrical grid where the installation is to be
located has been informed of the SPEF owner or operator's intent to
install an interconnected customer-owned generator. Off-grid systems
shall be exempt from this requirement.
(15)
No ground-mounted SPEF shall be constructed, installed or modified
as provided in this section without first obtaining a building permit.
(16)
The ground-mounted SPEF owner or operator shall maintain the
facility in good condition. Maintenance shall include, but not be
limited to, painting, structural repairs, and integrity of security
measures. Site access shall be maintained to a level acceptable to
the local fire chief and emergency medical services. The owner or
operator shall be responsible for the cost of maintaining the SPEF
and any access road(s), unless accepted as a public way.
H.
Abandonment or decommissioning: The owner, operator, his successors
in interest shall remove any ground-mounted SPEF which has reached
the end of its useful life or has been abandoned. The owner or operator
shall physically remove the installation no more than 150 days after
the date of discontinued operations. The owner or operator shall notify
the site plan review authority by certified mail of the proposed date
of discontinued operations and plans for removal.
(1)
Decommissioning shall consist of:
(a)
Physical removal of all ground-mounted SPEF, structures, equipment,
security barriers and transmission lines from the site.
(b)
Disposal of all solid and hazardous waste in accordance with
local, state, and federal waste disposal regulations.
(c)
Stabilization or re-vegetation of the site as necessary to minimize
erosion. The site plan review authority may allow the owner or operator
to leave landscaping or designated below-grade foundations in order
to minimize erosion and disruption to vegetation.
(2)
Abandonment: Absent notice of a proposed date of decommissioning
or written notice of extenuating circumstances, the SPEF shall be
considered abandoned when it fails to operate for more than one year
without the written consent of the site plan review authority. If
the owner or operator of the ground-mounted SPEF fails to remove the
installation in accordance with the requirements of this section within
150 days of abandonment or the proposed date of decommissioning, the
Town may enter the property and physically remove the installation.
(3)
Financial surety: Proponents of ground-mounted SPEF shall provide
a form of surety, either through escrow account, bond or otherwise,
to cover the cost of removal in the event the Town must remove the
installation and remediate the landscape, in an amount and form determined
to be reasonable by the SPGA, but in no event to exceed more than
125% of the cost of removal and compliance with the additional requirements
set forth herein, as determined by the project proponent. Such surety
will not be required for municipally or state-owned facilities. The
project proponent shall submit a fully inclusive estimate of the costs
associated with removal, prepared by a qualified engineer. The amount
shall include a mechanism for calculating increased removal costs
due to inflation.
I.
Criteria for site plan review and approval.
(1)
A special permit may be granted under this section if the SPGA
finds in writing that each of the design review standards set forth
above have been met and that the location of the ground-mounted SPEF
is suitable and that the size and design are the minimum necessary
for that purpose.
(2)
The SPGA shall also impose, in addition to any applicable conditions
specified in this section, such conditions as it finds reasonably
appropriate to safeguard the neighborhood, public or otherwise serve
the purposes of this section, including, but not limited to: screening,
lighting, noise, fences, modification of the exterior appearance of
the structures, limitation upon size, method of access or traffic
features, parking, removal upon cessation of use or other requirements.
Such conditions shall be imposed in writing and the applicant may
be required to post bond or other surety for compliance with said
conditions in an amount satisfactory to the SPGA.
(3)
The special permit shall lapse if substantial use or construction
has not commenced within two years of the date of issuance, except
for good cause shown (including but not limited to appeals of the
grant of the site plan or litigation enjoining the construction under
the permit), and provided further that such construction, once begun,
shall be actively and continuously pursued to completion within a
reasonable time.
(4)
The SPGA may require the proponent to provide or pay for professional
services to evaluate the proposal.
(5)
Fairhaven Conservation Commission. The applicant must file a
notice of intent if within the wetland resource areas or if within
100 feet buffer zone.
[Added 11-13-2018 STM by Art.
9[1]]
A.
Purpose. The purpose of this section of the Zoning Bylaw is to permit
marijuana establishments to operate and be located in such a way as
to protect the health and safety of Fairhaven residents, as well as
patients seeking treatment and customers seeking to purchase marijuana
for recreational use, while minimizing adverse impacts on adjacent
properties, residential neighborhoods, schools, and other sensitive
locations, by regulating the siting, design, placement, security,
modification and removal of such uses.
B.
Applicability.
(1)
Definitions. See MGL c. 94G, § 1, MGL c. 94I, § 1, and the 18 regulations promulgated thereunder, as they may be amended, as well as § 198-33, Definitions and word use, of the Fairhaven Zoning Bylaws for further definitions of applicable terms.
(2)
Severability. If any provision of this section or the application
of any such provision to any person or circumstance shall be held
invalid, the remainder of this section, to the extent it can be given
effect, or the application of those provisions to persons or circumstances
other than those to which it is held invalid, shall not be affected
thereby, and to this end the provisions of this section are severable.
(3)
Special permit.
(a)
All marijuana establishments shall be permitted by special permit pursuant to this section and site plan review pursuant to § 198-29. The special permit granting authority shall be the Planning Board.
(b)
A special permit granted under this section of the Zoning Bylaws
shall have a term limited to the duration of the applicant's continued
use of the premises for a marijuana establishment licensed by the
state. Any new or additional license, or a transfer of an existing
license to a new owner, shall require a new special permit pursuant
to the Fairhaven Zoning Bylaws.
(4)
A special permit issued prior to November 13, 2018, allowing
the use of premises for a medical marijuana treatment center shall
remain in effect subject to its own terms and conditions; provided
that any subsequent change in use, including the use of the premises
for an additional or different form of marijuana establishment, or
for the expansion or alteration of the existing medical marijuana
treatment center, or a change in ownership of the licensed establishment,
shall be subject to the terms of this section.
C.
Eligible locations for marijuana establishments.
(1)
Marijuana establishments may be allowed by special permit from
the Planning Board only in the Medical Marijuana Overlay District,
provided the facility meets the requirements of this chapter.
(2)
The Medical Marijuana Overlay District shall be comprised of
the following map and lot numbers: Map 24: Lots 16, 16A, 18; Map 26:
Lots 62, 62A, 63, 71, 71A, 72; Map 30A: Lots 86A, 86C, 86D, 86H; Map
36: Lots 13, 14, 14A, 14B, 14C, 14D, 14E, 14F, 14K, 14N, 15, 15A,
15B, 15C, 15D, 15F, 15G, 15J. A map of the overlay district is also
on file at the Town Clerk's office and the Planning Board's office.
D.
Limit on the number of special permits for marijuana retailers.
(1)
No new special permit shall be issued if the resulting number
of special permits for marijuana retailers within the Town exceeds
the smallest whole number which is not less than 20% of the number
of liquor licenses for off-premises alcohol consumption issued within
the Town pursuant to MGL c. 138, § 15. Special permits previously
granted for marijuana retailers shall not be affected by a change
in the number of liquor licenses for off-premises alcohol consumption.
(2)
All marijuana establishments are prohibited from offering marijuana
or marijuana products for consumption on the premises of a marijuana
establishment.
E.
Limit on the number of special permits for adult use marijuana establishment
licenses other than marijuana retailers. No new special permits shall
be issued if the resulting number of special permits for each particular
type of adult use marijuana establishment, except marijuana retailers,
exceeds the number of licensed medical marijuana treatment centers
permitted in the Town. Special permits previously granted to each
particular type of adult use marijuana establishment, except marijuana
retailers, shall not be affected by a change in the number of licensed
medical marijuana treatment centers permitted in the Town.
F.
Application requirements. Above and beyond the standard application
requirements for special permits and site plan review approval, an
application for a use under this section shall include the following:
(1)
The name and address of each owner of the facility/operation;
(2)
Copies of all documentation demonstrating appropriate application
status under state law, or registration or license, issued to the
applicant by the Commonwealth of Massachusetts and any of its agencies
for the facility;
(3)
Evidence that the applicant has site control and the right to
use the site for a facility in the form of a deed or valid purchase
and sale agreement, or, in the case of a lease, a notarized statement
from the property owner and a copy of the lease agreement;
(4)
A notarized statement signed by the organization's Chief Executive
Officer and corporate attorney, if any, disclosing all of its designated
representatives, including officers and directors, shareholders, partners,
members, managers, directors, officers, or other similarly situated
individuals and entitles and their addresses. If any of the above
are entities rather than persons, the applicant must disclose the
identity of all such responsible individual persons;
(5)
A security plan, approved by the Cannabis Control Commission
as part of the issuance of a provisional license, to be approved by
the Police and Fire Departments prior to the issuance of a special
permit, with details showing all exterior proposed security measures
for the premises, including lighting, fencing, gates and alarms, etc.,
ensuring the safety of employees and patrons and protecting the premises
from theft or other criminal activity;
(6)
A management plan, including a description of all activities
to occur on site, including all provisions for the delivery of marijuana
and related products to marijuana establishments or off-site direct
delivery consistent with state law and regulations;
(7)
A resource plan, for all marijuana cultivators, shall be submitted
to the Planning Board and the Board of Health to demonstrate best
practices for waste disposal, use of energy, water, and other common
resources, and to ensure that there will be no undue damage to the
natural environment. The resources plan shall include an electrical
system overview, proposed energy demand and proposed electrical demand
offsets, ventilation system and air quality, proposed water system
and utility demand;
(8)
A traffic impact report shall be required for all marijuana
establishments. The Planning Board may require a traffic study if
in their determination one is warranted because of public safety concerns.
G.
Special permit requirements for marijuana establishments.
(1)
General requirements.
(a)
Marijuana establishments shall comply with applicable state
and local laws, regulations, bylaws, codes, conditions and agreements
with the Town.
(b)
An approved host community agreement shall be required prior
to the granting of a special permit for a marijuana establishment.
(c)
Marijuana establishments shall maintain all permits and licenses
required by state and local laws. Any voiding, revocation or suspension
of the marijuana establishment's Cannabis Control Commission license
shall result in an automatic suspension of the special permit, pending
hearing or the opportunity therefor afforded to the marijuana establishment
by the CCC, and pending determination by the Planning Board during
a regularly scheduled public meeting that the marijuana establishment
has cured any violation with state laws and is duly licensed by and
in good standing with the CCC.
(d)
A violation of the host community agreement shall result in
automatic suspension of the special permit and may result in the revocation
of the special permit.
(e)
A special permit may also be revoked under the following circumstances:
[1]
Upon determination by the Building Commissioner
that the permit holder is no longer operating under the special permit
and its conditions or under the requirements of this bylaw, or that
the use has been abandoned;
[2]
The applicant has failed to report annually as
required under this bylaw, or on the schedule approved as part of
a special permit;
[3]
Upon request by the permit holder of a desire to
cease operations.
(f)
The process for revoking a special permit shall be as follows:
[1]
Determination of violation, abandonment, or other
cause for revocation by the Building Commissioner;
[2]
Notice sent by the Building Commissioner to the
permit holder and the Planning Board;
[3]
Vote of the Planning Board to either continue or
revoke/terminate the special permit;
[4]
Record notice of revocation/termination in the
Registry of Deeds.
(2)
Use regulations.
(a)
No smoking, burning, consumption or use of marijuana or marijuana
products shall be permitted on the premises of a marijuana establishment.
(b)
Marijuana manufacturing or extraction shall not be done in any
building containing residential units, including transient housing
such as motels and dormitories, assembly, educational, health care,
ambulatory health care, residential board and care, motels, or detention
and correctional facilities, or inside a movable or mobile structure
such as a van or truck.
(c)
The hours of operation shall be set by the Planning Board as
a condition of the special permit.
(d)
Marijuana establishment operations shall not create nuisance
conditions in parking areas, sidewalks, streets and areas surrounding
their premises and adjacent properties. "Nuisance" includes, but is
not limited to, disturbances of the peace, open public consumption
of marijuana, excessive pedestrian or vehicular traffic, odors emanating
from the marijuana establishment's premises, lighting trespass on
adjacent properties, illegal drug activity under state or local law,
harassment of passersby, excessive littering, excessive loitering,
illegal parking, excessive loud noises, excessive citation for violations
of state traffic laws and regulations and/or Transportation Division
rules and regulations, queuing of patrons (vehicular or pedestrian)
in or other obstructions of the public way (sidewalks and streets),
collisions between vehicles, bicyclists, and pedestrians, lewd conduct
or police detentions and arrests.
(e)
Marijuana establishments are prohibited from use of on-site
self-service displays. Self-service displays are defined to mean displays
from which customers may select marijuana or marijuana products without
assistance from an employee or store personnel, and include vending
machines.
(f)
The proposed use shall not display on-premises signage or other
marketing on the exterior of the building or in any manner visible
from the public way, which may promote or encourage the use of marijuana
or other drugs by minors.
(3)
Locational and physical requirements.
(a)
All marijuana establishments' licensed operations must take
place within a building at a fixed location and shall not be visible
from the exterior of the business.
(b)
Marijuana establishments may cultivate, process, test, store
and manufacture marijuana or marijuana products only within an area
that is enclosed and secured in a manner that prevents access by persons
not permitted by the marijuana establishment to access the area.
(c)
No outside storage of marijuana, related supplies, or educational
materials is permitted.
(d)
All business signage, marketing, advertising, and branding shall
be subject to the requirements promulgated by the Cannabis Control
Commission and the requirements of the Fairhaven Zoning Bylaws and
Sign Code. In the case of a conflict, the stricter requirement shall
apply.
(e)
The gross floor area of marijuana establishments accessible
to patients or customers, and not including space dedicated to administration
or operations and accessible only to employees of the facility, shall
be no greater than the following:
(f)
Ventilation. All facilities shall be ventilated in such a manner
that:
[1]
No pesticides, insecticides or other chemicals
or products used in the cultivation or processing are dispersed into
the outside atmosphere; and
[2]
No odor from marijuana or its processing can be
detected by a person with an unimpaired and otherwise normal sense
of smell at the exterior of the marijuana establishment or at any
adjoining use or property.
(4)
Reporting requirements.
(a)
All special permit holders for uses under this section shall
provide the Police Department, Fire Department, Building Commissioner,
Board of Health, and special permit granting authority with the names,
phone numbers, mailing and e-mail addresses of all management staff
and key holders, including a minimum of two operators or managers
of the facilities identified as designated contact persons to whom
notice should be made if there are operating problems associated with
any use under this section. All such contact information shall be
updated as needed to keep it current and accurate.
(b)
One of the two designated contact persons shall notify the Police
Department, Fire Department, Building Commissioner, Board of Health
and special permit granting authority in writing a minimum of 30 days
prior to any change in ownership or management of a facility regulated
under this section.
(c)
The designated representatives of permitted facilities shall
file an annual report with the special permit granting authority and
shall appear before said authority to present the report no later
than 30 days following renewal of a state license or registration,
providing a copy of all current applicable state licenses for the
owners and facilities, to demonstrate continued compliance with the
conditions of the special permit. If there is a notice of deficiencies
or violations, said notice shall be included with the annual report.
(d)
The designated contact persons shall be required to respond
by phone or e-mail within 24 hours of the time of contact and inquiry
regarding operation of the facility by a Town official to the telephone
number or e-mail address provided as the contact for the business.
(5)
Discontinuance of use. Any marijuana establishment permitted
under this section shall be required to remove all marijuana and marijuana
products, equipment and other paraphernalia by the earlier of:
H.
Findings. In addition to the findings required under § 198-29 of the Zoning Bylaw and meeting the provisions of all other applicable sections of this bylaw, the Planning Board shall not issue a special permit for a marijuana establishment unless it finds that the use as proposed:
(1)
Does not contravene the limit on the number of special permits
that may be granted.
(2)
Meets all of the permitting requirements of all applicable agencies
within the Commonwealth of Massachusetts and will as proposed be in
compliance with all applicable state laws and regulations.
(3)
Meets all the applicable conditions and requirements as set
forth in this chapter.
(4)
Will provide copies of registrations and licenses and a copy
of a signed host community agreement with the Town of Fairhaven, in
accordance with MGL c. 94G and subsequent regulations, including 935
CMR 500.000, to the Building Commissioner prior to the issuance of
a certificate of occupancy.
(5)
Is designed to minimize adverse visual impacts on abutters and
other parties in interest.
(6)
Provides a secure waiting area, as required by state law or
regulations.
(7)
Provides adequate security measures to ensure that no individual
or group participant will pose a direct threat to the health or safety
of other individuals, and that the storage and/or location of cultivation
of marijuana is adequately secured in enclosed, locked facilities.
(8)
Adequately addresses issues of vehicular and pedestrian traffic,
circulation, parking and queuing, especially during peak periods at
the facility, and adequately mitigates the impacts of vehicular and
pedestrian traffic on neighboring uses.
(9)
Adequately demonstrates best practices with regard to the use
of energy, water, waste disposal and other common resources, with
no undue damage to the natural environment.
[1]
Editor's Note: This article also repealed former § 198-29.7,
Medical marijuana facilities, added 2-12-2014 STM by Art. 8.
[Added 5-4-2019 STM by
Art. 13]
A.
Purpose. The purpose of the historic site reuse special permit is
to promote the adaptive reuse of eligible municipally owned buildings
no longer used by the Town for municipal purposes for residential
use that protects the historic character by modifying those general
zoning regulations, including parking and loading, lot and building
dimensions, density and use limitations, which would otherwise make
such preservation infeasible, while protecting the health, welfare,
aesthetics and character of the neighboring community.
B.
Eligible building and lot.
(1)
Any municipally owned building constructed before 1920 and no
longer used by the Town for municipal purposes will be eligible for
consideration for a special permit under this section.
(2)
The lot on which an eligible building is situated, and any adjoining
lots which were used in common with the eligible building for its
principal municipal use shall be eligible for a historic site reuse
special permit.
C.
Special permit granting authority. The special permit granting authority
shall be the Planning Board.
D.
Application and fee.
(1)
The applicant shall submit to the Planning Board a hardcopy
original and a digital copy of the special permit application along
with 10 hardcopy prints and a digital copy of the proposed project
plans, including the site plan for the property subject to the special
permit, and construction plans sufficient in detail to show all proposed
modifications to existing zoning requirements.
(2)
The application and plans shall provide:
(a)
A statement of the facts supporting the eligibility of the subject
building for special permit.
(b)
A description of the proposed project, including the planned
alteration or reconstruction of the eligible building, the planned
alteration, reconstruction or construction of any other structures
and the proposed uses.
(c)
A detailed statement of all proposed modifications to zoning
bylaw requirements.
(d)
An analysis of the project prepared by a qualified professional
Massachusetts licensed architect or Massachusetts licensed engineer
addressing the feasibility of the project; the reason modification
of zoning regulations is needed to make the project feasible; and
the impact of each of those modifications on the neighboring community.
(e)
A description of the proposed plans for preservation of the
historic building and site, including plans for maintenance and the
financial mechanism for the cost of maintenance.
(f)
A proposal, with draft legal documentation, to provide assurance
of the continued maintenance of the historic building and site, specifically
granting the Town of Fairhaven standing and authority to enforce continued
protection and maintenance of the historic site.
(3)
The plans shall provide:
(a)
Actual dimensions of the lot or lots subject to the proposed
special permit.
(b)
All easements existing or proposed.
(c)
Location and size of existing and proposed structures, including
any existing structures within 300 feet of the site.
(d)
Name, width and condition of all abutting streets.
(e)
All proposed parking and driveway areas, including curbing and
planting islands.
(f)
Existing and proposed topography at two-foot minimum contours.
(g)
Existing and proposed water, sanitary and storm drainage facilities,
noting any new construction and/or new impervious surface area and
areas that may be subject to stormwater regulations.
(h)
Detailed elevation drawings of all existing and proposed buildings.
(i)
The stamp and seal of the design professional responsible for
the plans.
(4)
The applicant shall pay a fee, in an amount determined by the
Planning Board, sufficient to pay the cost to the Planning Board of
professional services for review and advice concerning the proposal.
E.
Interdepartmental communication. The Planning Board shall submit
a copy of the application and the plans to the Building Department,
the Fairhaven Historical Commission, the Board of Selectmen, the Board
of Public Works, and the Fire Department and any other boards as appropriate.
Comments by any board should be submitted to the Planning Board for
inclusion in the special permit application record. If no comment
is made by one of these boards to the Planning Board within 30 days
of receipt, no objection by the recipient board shall be assumed.
F.
Public hearing. The Planning Board shall hold a public hearing in
conformance with MGL c. 40A, § 9, and special permit public
hearing notification requirements of MGL c. 40A, § 11, on
the application for special permit within 65 days of submission to
the Board, and a decision will be rendered by the Board within 90
days following the date of the hearing.
G.
Issuance of special permit. A special permit for historic site reuse
may be issued under this section by a two-thirds vote of the Planning
Board upon a determination by the Board that the proposed structures
and uses are in harmony with the general purpose and intent of the
zoning bylaws, protect the essence of the historical property and
the particular purpose and intent of this section, and conditioned
on the following standards being met by the proposed project:
(1)
The eligible building may be used for multifamily residential
use.
(2)
The frontage and side setback for the eligible building will
be those in existence prior to any alteration which may be allowed
by the special permit.
(3)
Any addition to the historic building shall be at the rear of
the building opposite the primary fronting street line, and facing
the primary rear lot line. (For purposes of this provision, the side
lines of corner lots shall not be considered front or rear lot lines.)
The lot size, building lot coverage and yard dimension requirements
may be decreased by up to 20% on the primary lot with the historic
building on it in order to make any such addition to the historic
building feasible.
(4)
Any new lots and their development areas which may be created
and allowed by the special permit shall be similar to the existing
average size of lots of the surrounding neighborhood, which shall
include abutting lots, and opposing lots on fronting street lines
(even if the average lot size does not conform to existing zoning).
(5)
Any new residential structures shall not be larger than the
average size of the existing houses in the surrounding neighborhood,
which shall include abutting lots, and opposing lots on fronting street
lines.
(6)
Unless expressly waived by the Planning Board, the off-street parking requirements to service the eligible historic building will be the existing parking prior to any alteration, or the requirements found in Fairhaven Zoning Chapter 198, § 198-27B(1)(a) and (b) (two bedrooms or more: two parking spaces; less than two bedrooms: one parking space).
(7)
Unless expressly waived by the Planning Board, the off-street
parking requirements to service any new residential structures which
may be allowed by special permit will be the requirements set forth
in this bylaw, or the average off-street parking on those developed
properties abutting the eligible lot, whichever is less.
(8)
The property for which a special permit is granted pursuant to this section shall not be subject to the requirements of §§ 198-27 (Parking; loading and landscaping requirements) and 198-29 (Special permits for certain intensive nonresidential and multifamily site developments) of this zoning bylaw.
(9)
The applicant shall enter into protective covenants or other
legal devices to preserve and maintain the exterior, and to the extent
the Planning Board deems appropriate, the interior historic integrity
and character of the eligible building.
(10)
The applicant shall enter into appropriate covenants or otherwise
guarantee timely completion of the proposed work that preserves and
maintains the historic character of the eligible building.
(11)
The Board may impose such other conditions as it deems proper
to ensure compliance with the purpose of this article.
[Added 3-15-1973 ATM by Art. 74]
Not more than 200 cubic yards of fill from off the premises shall be placed on any parcel without written authorization from the Building Commissioner, which shall be granted only upon demonstration that the requirements of § 198-28 are not being violated and that reasonable care is being taken to avoid harmful diversion of water onto adjoining properties.
[Added 3-16-1974 ATM by Art. 90]
A.
Applicability.
[Amended 5-6-1989 STM by Art. 6]
(1)
The removal from a subdivision of more than 50 cubic yards of sand, gravel, rock, topsoil, borrow, sod, loam, peat, humus clay or similar material within any 12 month period shall be allowed only on a special permit from the Zoning Board of Appeals in accordance with § 198-8.
(2)
Loam shall not be removed from any lot area of a subdivision
or any other area of a subdivision, that is not outlined on the plan
as a roadway until specific building permits are issued for the lots
involved. The soil removal shall be under the supervision of the Building
Commissioner.
B.
Permit from the Zoning Board of Appeals. Written application
for a special permit must be made to the Zoning Board of Appeals for
a new removal operation or for the extension of existing ones to parcels
other than those so used as of July 1, 1974. Special permits shall
expire two years from the date of issuance, unless an extension for
another two years is granted by the Zoning Board of Appeals, following
a public hearing. The following shall be conditions for such issuance:
(1)
The application shall be accompanied by a plan describing
the premises and the proposed operation. If involving more than two
acres or 2,000 cubic yards the plan shall be prepared by a registered
land surveyor and shall show property lines; names and addresses of
all abutters, including those across any street or way; existing grades
in the area from which the above material is to be removed and in
surrounding areas; grades below which no excavation shall take place;
and the proposed cover vegetation and trees.
(2)
A performance bond in the amount determined by the
Zoning Board of Appeals shall be posted in the name of the Town assuring
satisfactory performance in the fulfillment of the requirements of
this chapter and such other conditions to the issuance of its permit
as the Board may impose.
(3)
Before granting a permit, the Zoning Board of Appeals
shall give due consideration to the location of proposed earth removal,
to the general character of the neighborhood surrounding such location
and to the general safety of the public ways in the vicinity.
C.
Operation standards.
(1)
No excavation shall be less than 200 feet from an
existing public way unless specifically permitted by the Zoning Board
of Appeals, and no excavation shall be less than 50 feet from any
other perimeter lot line. Natural vegetation shall be left and maintained
on the undisturbed land for screening and noise reduction purposes,
and surge piles and overburden piles shall be located for similar
purposes.
(2)
All trucking routes and methods will be subject to
approval by the Chief of Police.
(3)
All roads leading from the earth removal area to public
ways shall be treated with oil, stone or other suitable material to
reduce dust and mud for a distance of 200 feet from said public way.
Roads leading from earth removal areas to public ways shall be constructed
at an angle to the public way or constructed with a curve so as to
help screen the operation from public view.
(4)
No gravel shall be removed within six feet of spring
high-water table. This elevation shall be established from a test
pit and the level related to a permanent monument of the property.
This information shall show on the topographic plan.
D.
Restoration. Forthwith following expiration or withdrawal
of a permit or upon voluntary cessation of operations, all land shall
be graded leaving no slopes in excess of one foot vertical to two
feet horizontal, providing for surface drainage. Boulders and stumps
shall be buried or disposed of and the entire area shall be covered
with not less than four inches of topsoil, planted with cover vegetation,
which shall have been established prior to release of the bond.
E.
Stockpiling. Topsoil stripped and stockpiled in preparation
for construction or for earth removal shall be restored to its original
location within 36 months of such stripping, unless a valid building
permit or earth removal permit is in force.
[Added 5-1-1999 ATM by Art. 9; amended 6-12-2021 ATM by Art. 37]
This section shall apply to all new special permits subject to § 198-29 for additions or renovations which increase the impervious area of property applied for after January 12, 1999, as provided for in MGL c. 40A, § 6. Further this section shall also apply to such special permits granted prior to January 12, 1999, as provided for in MGL c. 40A, § 6, if the building permits authorized under such special permit are not issued prior to November 1, 1999. No lot created after May 1, 1999, may be built upon without compliance with this section. The requirements of this section may be met for lots created after May 1, 1999, by approval of a subdivision plan that includes a stormwater management plan, as described herein, by the Fairhaven Planning Board. This section shall also apply to all new special permits subject to § 198-29 that disturb one or more acres of land regardless of whether they increase the impervious area of a property.
A.
Standards.
(1)
Stormwater management for each development shall be designed consistent with or more stringent than the requirements of the Massachusetts Stormwater Handbook, shall comply with Chapter 194, Stormwater Management, Illicit Discharge, Soil Erosion, Sediment Control Bylaw and adhere to the standards and requirements of regulations issued thereunder and shall accomplish the following:
(a)
Flooding. The design and construction of each
subdivision or special permit project shall be done in a manner such
that post-development runoff will not exacerbate or create flooding
conditions, or alter surface water flow paths, resulting in impacts
to adjacent properties to the site during the two-, ten-, twenty-five-
and one-hundred-year twenty-four-hour storm events.
(b)
Water quality. The first flush of stormwater
runoff shall be treated prior to discharge off of the site. The treatment
system(s) shall be designed to accommodate the first flush from the
entire development site.
[1]
Treatment shall be provided to
achieve a minimum removal 80% of total suspended solids (TSS) from
the first flush.
[2]
Any development in Nasketucket
River Basin Zoning Overlay District shall incorporate physical treatment
processes to remove nitrogen at an efficiency rate of 30% or greater
and remove phosphorous at a design rate of 50% or greater.
(c)
Reproduce, as nearly as possible, the hydrologic
conditions in the ground and surface waters prior to the development.
(d)
Reduce stormwater pollution to the maximum extent
possible using best management practices (BMPs).
(e)
Have a long-term maintenance plan.
(2)
The Planning Board is authorized to vary from
these standards due to topographic features of the lot.
B.
Submittal requirements.
(1)
It shall be the responsibility of the applicant
for all subdivisions greater than three lots and for all special permits
for new construction, and for special permits for additions or renovations
which increase the impervious area of a property requiring approval
of the Planning Board to submit 10 copies of a stormwater management
plan (SMP) detailing the existing environmental and hydrological conditions
of the site, proposed alterations of the site, and all proposed components
of the drainage system and any measures for the detention, retention
or infiltration of water, for the protection of water quality and
protection from flooding. The SMP shall contain sufficient information
for the Planning Board to evaluate the effectiveness and acceptability
of those measures proposed by the applicant for controlling flooding
and pollution from stormwater runoff. The SMP shall contain maps,
charts, graphs, tables, photographs, narrative descriptions, calculations,
plans showing construction details of all systems and structures,
and citations to supporting references, as appropriate, to communicate
the information as required by this section. Stormwater management
systems for new development and redevelopment projects shall meet
minimum requirements of the General Permit for Stormwater Discharges
From Small Municipal Separate Storm Sewer Systems in Massachusetts
(MS4 permit), including:
(a)
New development projects shall provide removal of 90% of the average
annual (not per storm) load of total suspended solids (TSS) generated
from the total post-construction impervious area on the site and 60%
of the average annual not per storm) load of total phosphorus (TP)
generated from the total post-construction impervious surface area
on the site. Average annual pollutant removal requirements are achieved
through one of the following methods:
[1]
Installing BMPs that meet the pollutant removal percentages based
on calculations developed consistent with EPA Region 1's BMP Accounting
and Tracking Tool (2016) or other BMP performance evaluation tool
provided by EPA Region 1, where available. If EPA Region 1 tools do
not address the planned or installed BMP performance, any federally
or state approved BMP design guidance or performance standards (e.g.,
state stormwater handbooks and design guidance manuals) may be used
to calculate BMP performance; or
[2]
Retain the volume of runoff equivalent to, or greater than, 1.0 inch
multiplied by the total post-construction impervious surface area
on the site; or
[3]
Meeting a combination of retention and treatment that achieves the
above standards.
(b)
Redevelopment projects shall provide removal of 80% of the average
annual (not per storm) post-construction load of total suspended solids
(TSS) generated from the total post-construction impervious area on
the site and 50% of the average annual (not per storm) load of total
phosphorus (TP) generated from the total post-construction impervious
surface area on the site.
[1]
Average annual pollutant removal requirements are achieved through
one of the following methods
[a]
Installing BMPs that meet the pollutant removal percentages
based on calculations developed consistent with EPA Region 1's BMP
Accounting and Tracking Tool (2016) or other BMP performance evaluation
tool provided by EPA Region 1, where available. If EPA Region 1 tools
do not address the planned or installed BMP performance, any federally
or state approved BMP design guidance or performance standards (e.g.,
state stormwater handbooks and design guidance manuals) may be used
to calculate BMP performance; or
[b]
Retaining the volume of runoff equivalent to, or greater than,
0.80 inch multiplied by the total post-construction impervious surface
area on the site; or
[c]
Meeting a combination of retention and treatment that achieves
the above standards.
[2]
Redevelopment activities that are exclusively limited to maintenance and improvement of existing roadways (including widening less than a single lane, adding shoulders, correcting substandard intersections, improving existing drainage systems, and repaving projects) shall improve existing conditions unless infeasible and are exempt from Subsection B(1)(b). Roadway widening or improvements that increase the amount of impervious area on the redevelopment site by greater than or equal to a single lane width shall meet the requirements of Subsection B(1)(b).
(2)
The submittal of a stormwater management plan
shall include an order of conditions or a determination of nonapplicability
from the Fairhaven Conservation Commission issued under the Fairhaven
Wetlands Bylaw.
(a)
Site characteristic information to be included
in the stormwater management plan (SMP).
[1]
Predevelopment conditions shall
include:
[a]
The existing watersheds on the
property, as well as upgradient areas contributing runoff to the property;
[b]
Location of all surface waters
and wetlands on the site or on lots adjacent to the site;
[c]
The delineation of the one-hundred-year
flood elevation as indicated on the Federal Emergency Management Act
(FEMA) maps. If FEMA maps do not exist or if the waterbody or watercourse
one-hundred-year flood elevation is not indicated on the map, the
elevation shall be calculated utilizing an appropriate methodology
such as NRCS TR-55 or TR-20 or HEC2. (Note: The floodplain location
determined by the FEMA maps are approximate. When a specific elevation
is given, the location of the floodplain shall correspond to that
elevation.);
[d]
The principal vegetation types
sufficient to determine an appropriate curve number;
[e]
The topography described at one-foot
intervals; areas of steep slopes over 15% shall be highlighted;
[f]
The soil types on the site and
the hydrological soil groups based on the most current Natural Resource
Conservation Service soils map of the site (available at the NRCS
office in Wareham);
[g]
The location of any public or private
water supplies within 150 feet of the property as well as on the property;
[h]
Soil logs signed by a DEP certified
soil evaluator for each proposed stormwater control system site. (Documentation
should be for a minimum of four feet below the bottom of the stormwater
system and be submitted for both flood control stormwater systems
and pollution reduction stormwater systems.);
[i]
Maximum groundwater levels as observed
in the soil at the proposed stormwater control system locations;
[j]
The flow path(s), design points
for each watershed; and
[k]
Areas of ponding or swamping.
[2]
Postdevelopment conditions shall
include:
[a]
Changes in topography at one-foot
intervals;
[b]
Areas where vegetation will be
cleared or otherwise altered. (For residential development assume
90% of all area excepting buildings to be managed turf.);
[c]
The proposed watersheds on the
property, as well as upgradient areas contributing runoff to the property;
[d]
The proposed development layout
including: locations of roadways, common parking areas, and undisturbed
lands; and locations of drainage systems and stormwater treatment
facilities;
[e]
Areas to be utilized in overland
flow, i.e., grass swales and filter strips, showing: proposed vegetation;
the soil susceptibility to erosion (using the NRCS classification);
[f]
The flow path(s) for the two-,
ten-, twenty-five- and one-hundred-year twenty-four-hour storm event;
and
[g]
Design points for each watershed.
(b)
Water quantity/duration/quality information
to be submitted in the SMP.
[1]
Predevelopment conditions in narrative
form or calculations shall include: peak discharge rate, based on
the two-, ten-, twenty-five- and one-hundred-year twenty-four-hour
storm event using NRCS TR-55 or TR-20; and volume of the surface runoff
for ten-year twenty-four-hour storm event using NRCS TR-55 or TR-20.
[2]
Post development conditions in
narrative form or calculations shall include: peak discharge rate,
based on the two-, ten-, twenty-five- and one-hundred-year twenty-four-hour
storm event using NRCS TR-55 or TR-20; volume of the surface runoff
for the ten-year twenty-four-hour storm event using NRCS TR-55 or
TR-20; design point(s) for each watershed; detention/retention time,
discharge rate, and approximate time of concentration through the
BMP for the water quality storm; a description of and calculations
for the proposed outlet structure(s); both the principle outlet and
emergency spillway; and a discussion regarding whether the proposed
stormwater system meets or exceeds the established performance standards
as well as an evaluation of the pollutant removal efficiency of each
proposed treatment facility or group of facilities.
C.
Design standards. The design, construction and maintenance
of the stormwater system, and the submittal of information to evaluate
the system, shall be consistent with the standards and specifications
set out below.
(1)
Performance standards and design specifications.
(a)
Control of stormwater runoff shall meet the design criteria for both flood (volume and peak discharge) control and nonpoint source pollution reduction as indicated in Subsection A above. All assumptions, methodologies and procedures used to design stormwater systems shall accompany the design.
(b)
Stormwater design methodology considerations
for stormwater management.
[1]
Runoff calculations for flood control
shall be provided utilizing the rational formula, the NRCS TR-20 or
TR-55, as appropriate for the site. The appropriate methodology shall
be determined from the restrictions on each method described in Basic
Hydrological Calculations for Conservation Commissioners Runoff, Land
Subject to Flooding, and Flow in Pipes and Channels, (1987). The Rational
Method cannot be used to determine volume.
[2]
The appropriate pre- and postdevelopment
worksheets as shown in Basic Hydrological Calculations for Conservation
Commissioners Runoff, Land Subject to Flooding, and Flow in Pipes
and Channels, (1987), shall be submitted with the subdivision plan
or special permit application.
[3]
The flow length for predevelopment
sheet flow to determine the time of concentration (Tc) or travel time
(Tt) shall not exceed 50 feet.
(2)
General standards and specifications. The design,
construction and maintenance of stormwater systems shall be consistent
with the following:
(a)
Discharging runoff without treatment directly
into rivers, streams, watercourses or wetlands is prohibited.
(b)
Natural watercourses shall not be dredged, cleared
of vegetation, deepened, widened, straightened, stabilized or otherwise
altered.
(c)
Land outside the parcel subject to development
review shall not be used in the stormwater management plan (i.e.,
the location of the detention pond) unless a recordable easement has
been granted for such use and a copy of the easement has been submitted
to the Planning Board as part of the SMP.
(d)
The site shall be graded so that surface water
shall be directed into the stormwater management system.
(e)
Intermittent watercourses such as swabs shall
be vegetated.
(f)
Prior to discharging any stormwater runoff into
a stormwater system, the following conditions must also be met:
(g)
All basins/ponds designed for stormwater runoff
control shall:
[1]
Be designed in accordance with current NRCS standards and specifications unless otherwise indicated in Subsection C(4), Specific standards and specifications below;
[2]
Have a two-stage design when pollution reduction and flood control are incorporated into one stormwater management system. The upper stage shall provide enough storage to control the postdevelopment peak discharge rates for the two-, ten-, twenty-five- and one-hundred-year, twenty-four-hour storm events to the predevelopment levels; the lower stage shall provide enough storage to meet the pollution removal efficiencies as described Subsection C(4), Specific standards and specifications below;
[3]
Have energy dissipaters at the
outlets of all inflow and outflow pipes;
[4]
Have outflow pipes designed to
minimize clogging (i.e., through the use of trash racks);
[5]
Have an emergency spillway to allow
for the passage of water without damage to the water quality structure
for storms greater than their largest design capacity;
[6]
Have side slopes at a no steeper
than a four horizontal to one vertical grade unless otherwise called
for by the Fairhaven Conservation Commission to minimize a stormwater
system's impact on wetland or bordering wetland resource areas (Side
slopes must be stabilized and planted with vegetation to prevent erosion.
A ten-foot wide bench at 0% slope shall surround any permanent pool.);
and
[7]
Except for the sediment forebay,
shall have no permanent pool depth in excess of 2 1/2 feet.
(i)
Infiltration basins using redundant sediment
removal techniques (i.e., sediment forebay, grassed swale and filter
fabric) may be designed and utilized to act as stormwater systems
for both water quality and volume control, provided all other standards
and specifications are met.
(j)
Volume control structures shall not be placed
upgradient of any pollution stormwater system.
[1]
Volume control shall be by infiltration;
[2]
Infiltration areas designed and
constructed to control the volume of runoff shall be located in areas
with a NRCS hydrological soil group of A, B or C;
[3]
Infiltration for volume control
shall be designed and constructed with the bottom of the infiltration
area at or above the maximum high groundwater elevation; and
[4]
The calculations to determine the
size of the volume control structure shall assume the surface of the
structure to be impervious;
(k)
Forebays.
[1]
All water quality basin/ponds shall
have a sediment forebay. These forebays shall:
[2]
If the water quality basin is to
be deeded to the town, the forebay shall be constructed to meet Board
of Public Works requirements.
[3]
The forebays may have a headwall
depending on the Board of Public Works recommendations.
(l)
Where stormwater basins are designed with a
permanent pool depth, a post-and-rail fence with pressure-treated
or locust posts, with a backing of plastic coated wire fencing shall
be used when the basin is in close proximity to residential units,
and shall further inhibit access by a planting of thick shrubs such
as rugosa rose (Rosa rugosa) surrounding the basin.
(m)
All water quality stormwater systems shall be
designed to accept a return storm of 0.5 inches off the impervious
area 11 days after the water quality storm.
(n)
Conveyance of stormwater:
[1]
The entire drainage system of storm
drainage lines shall be capable of conveying the twenty-five-year
storm, including catch basins, manholes and culverts.
[2]
Water velocities in pipes and gutters
shall be between two and 10 feet per second. Water velocities in nonpaved
areas (e.g., swales, ditches) shall not be more than published values
for maximum permissible velocities based on surface cover type and
soil types.
[3]
Water velocities in catch basins
shall not exceed 0.5 feet per second. Catch basins shall be designed
(inlet capacity and spacing) such that the flow in the gutter during
a twenty-five-year design storm is not more than three feet in width
as calculated utilizing methodologies described in "Drainage of Highway
Pavements, Hydraulic Engineering Circular No. 12" as published by
the United States Department of Transportation, Federal Highway Administration.
In any event, water shall not be allowed to run for more than 300
feet on paved surfaces.
[4]
Catch basins shall be constructed
of at least six inches precast reinforced concrete. Catch basin grates
shall be in the gutter to facilitate snow removal.
[5]
The standard depth of catch basins
shall be a minimum 2.5 feet below the invert of the outlet. Manholes
shall be constructed at each junction point of storm drain lines.
Catch basins shall not serve as manholes.
[6]
Storm drains shall be of at least
12 inches diameter inside, with at least 24 inches of cover, and shall
be of reinforced concrete Class IV pipe if having less than 48 inches
of cover within a street right-of-way. Aluminum pipe of at least comparable
strength may be substituted in appropriate locations if approved by
the Fairhaven Board of Public Works (BPW). All drain pipes except
subdrains shall be reinforced concrete or ADS. Waivers from these
standards shall be allowed upon recommendation of the Board of Public
Works.
[7]
Easements and provisions for vehicular
access shall be provided along the entire length of storm drain lines.
(o)
Cross culverts.
[1]
Culverts and stormwater outlet
structures shall have reinforced concrete headwalls designed in accordance
with good practice.
[2]
At cross culverts (where a roadway
bisects a stream or manmade watercourse), drainage easements shall
be established upgradient of the culvert and delineated on the definitive
plan based on the projected one-hundred-year headwater elevation.
(3)
Selecting a water quality BMP. Three designs for water quality BMPs, micropool extended detention basins, wet extended detention ponds, and infiltration basins are listed in Subsection C(4), Specific standards and specifications below. One of these BMPs may be appropriate for the site:
(a)
Micropool extended detention basins (EDB) with
a forty-eight-hour detention time will not adequately remove bacteria.
No EDB proposed within 1,000 feet of a sensitive receptor for bacteria
shall be approved. In Fairhaven, these areas are:
(b)
Due to the high failure rate of conventional
infiltration practices (including porous pavement), they are not an
accepted method of stormwater management unless redundant pretreatment
for sediment removal is utilized. No underground infiltration practices,
such as leaching catch basins, shall be allowed.
(c)
Oil/grit separators are not needed for the type
of pollutants associated with subdivisions. They shall not be approved
for residential subdivisions. Oil/grit separators may be required
for special permits granted by the Planning Board.
(4)
Specific standards and specifications for water
quality BMP's.
(a)
Micropool extended detention basin (EDB). In order to provide an estimated removal efficiency of 80% for suspended solids, 30% total phosphorus, and 15% total nitrogen, EDBs shall be designed in accordance with Subsection C(1), Performance standards and design specifications, plus the specific criteria stated below. The design of EDBs shall include:
[1]
Minimum contributing watershed
area of 10 acres;
[2]
A minimum of forty-eight-hour detention
time for the water quality storm;
[3]
A sediment forebay at the inlet;
[4]
A micropool located near the outlet
structure to reduce resuspension of sediments;
[5]
A minimum of 3:1 length to width
ratio with the inlet structure placed a maximum distance from the
outlet structure; and
[6]
The establishment of, and the methodology
with which to maintain, wetland vegetation on the bottom of the basin.
(b)
Wet extended detention ponds/basins (WP). The minimum design criteria below plus Subsection C(1), Performance standards and design specifications, will provide an estimated removal efficiency of 80% for suspended solids, 65% total phosphorus, and 40% total nitrogen. The design of WPs shall include:
[1]
A minimum contributing watershed
of 25 acres, or measures to maintain a permanent pool of water;
[2]
A permanent pool volume within
the permanent pool equal to 40% of the water quality (first flush)
volume;
[3]
A sediment forebay volume of 13%
of the water quality (first flush) volume;
[4]
An extended detention storage volume
of 47% of the water quality (first flush) volume;
[5]
A detention time for the water
quality (first flush) volume of 48 hours;
[6]
A maximum depth of 2.5 feet;
[7]
A marsh component to be established
along the pond edges;
[8]
A minimum of 3:1 length to width
ratio with the inlet structure placed at a maximum distance from the
outlet structure.
(c)
Infiltration basin (IB). A design based on both the minimum design criteria for IBs listed below and the design criteria in Subsection C(1), Performance standards and design specifications, will provide an estimated removal efficiency of 80% for suspended solids and 90% for bacteria. The design of IBs shall include:
[1]
Three redundant pretreatment mechanisms
(such as a sediment forebay or detention pond) adequate to remove
and store 80% of the TSS.
[2]
Adequate volume to infiltrate the
first flush of runoff.
[3]
Compliance with the specifications
found in the State of Rhode Island Stormwater Design & Installation
Manual, September 1993, when not specified elsewhere in this section.
[a]
Section 6.3(a), (b)(1)(2)(4), Site
Suitability, utilizing the Bristol County Soil Survey, or more recent
unpublished updates available at the NRCS office in Wareham.
[b]
Section 6.4 Infiltration Rates.
[c]
Section 6.6 (a through i) Design
Requirements.
[d]
Section 6.7(a)(1-11) Separation
Distances.
D.
Inspection and maintenance.
(1)
After the stormwater management system has been
constructed and before the performance guaranty for the development
has been released, the applicant shall submit an "as-built" plan detailing
the actual stormwater management system as installed. The consulting
engineer for the Town shall inspect the system to confirm its as-built
features. This engineer shall also evaluate the effectiveness of the
system in an actual storm. If the system is found to be inadequate
by virtue of physical evidence of operational failure, even though
it was built as called for in the definitive plan, it shall be corrected
before the performance guaranty is released. Examples of inadequacy
shall be considered but not limited to: errors in the infiltrative
capability, errors in the maximum groundwater elevation, failure to
properly define or construct flow paths, or erosive discharges from
basins. The cost of having the town's consulting engineer review and
evaluate the as-built plans and the stormwater management system shall
be borne by the developer.
(2)
All stormwater management systems shall be maintained
in accordance with the following regulations.
(a)
The applicant shall submit 10 copies of a maintenance
plan for stormwater management. Maintenance plans for each basin include
a maintenance schedule, an outline of responsible parties and owners,
all pertinent agreements to be executed to ensure proper maintenance
and an estimate of future yearly maintenance costs.
(b)
To facilitate maintenance, each water quality
basin/pond shall be constructed with:
(c)
Routine maintenance and inspections shall conform
to the following:
[1]
Stormwater management systems shall
be inspected annually and cleared of debris, sediment and vegetation
when they affect the functioning and/or design capacity of the facility;
[2]
Where lack of maintenance is causing
or contributing to a water quality problem, immediate action shall
be taken by the property owner to correct the problem within 14 days
of written notice by the Planning Board;
[3]
All actions required to maintain
the stormwater management system for the purpose it was designed and
constructed must be performed within 30 days following the maintenance
inspection;
[4]
Accumulated sediment shall be excavated
as needed or at the request of Planing Board; and
[5]
Any vegetation uprooted by sediment
removal shall be replaced.
(d)
To ensure future maintenance and avoid undue
costs to the town:
[1]
Each basin design shall have a
design life of 20 years, as documented in a peer review publication,
third party testing or other independent means.
[2]
The applicant shall provide cost
estimates per year for future maintenance of the stormwater conveyance
and detention/infiltration system. This cost estimate shall include
semiannual sediment removal from all catch basins and street sweeping,
and cleaning of sediment forebays and detention ponds when necessary.
The Board of Public Works shall be required to approve all cost estimates
prior to Planning Board approval.
[3]
The applicant shall provide to
the Planning Board assurances that there is in place a mechanism such
as a bond, letter of credit, escrow account or similar security to
ensure the maintenance, inspection and repair of the stormwater system
for a period of at least 20 years.
[Added 1-22-1977 STM by Art. 6]
A.
Commercial camping is allowed only on special permit from the Zoning Board of Appeals as provided in the Use Regulation Schedule, § 198-16, and following approval by the Board of Health, and shall conform to the following minimum requirements:
(1)
Parcel minimum area shall be 10 acres but not less
than 2,500 square feet per rental plot.
(2)
Campers shall not be placed within 200 feet of a street
line or within 80 feet of any other lot line unless dense natural
vegetation or topography provide effective screening, in which case
a reduction to as little as half the above may be allowed.
B.
Accessory services, including retailing and laundry
services, may be authorized by special permit, provided that such
services do not together total more than 50 square feet per campsite
and are located and oriented to principally serve occupants of the
camping area.
[Added 5-8-1998 STM by Art. 28]
Purpose. For the purpose of promoting the development
of affordable rental housing, dwelling conversions may be allowed
by special permit of the Planning Board subject to the standards and
conditions listed below:
A.
Dwelling conversions shall not be allowed unless the lot meets the minimum lot size in § 198-18 or 22,500 square feet, whichever is greater.
B.
Units created through dwelling conversions shall not
be less than 1,000 square feet, not including areas of the basement,
attic or garage.
C.
The applicant shall illustrate to the Planning Board
that the requirements of the State Building Code are met.
D.
Site requirements.
(1)
No expansion to the existing structure.
(2)
Parking shall be as provided for in § 198-27B(1).
(3)
No portion of the basement, attic or garage
may be used for dwelling purposes.
(4)
Use of an existing on-site septic system to
service proposed units shall be permitted only upon approval of the
Board of Health.
[Added 5-7-2005 ATM by Art. 20]
A.
Purpose The purpose of this section is to protect
the general public interest in, and access to, the public tidelands
of the Commonwealth by creating a review process and standards for
the construction of docks and piers.
B.
Applicability. Any application to construct a dock
and/or pier shall comply with this section. The Zoning Board of Appeals
shall be the special permit granting authority (SPGA) in the Rural
Residence Districts (RR), Single Residence Districts (RA), General
Residence (RB) and Agricultural (AG) Districts. The Planning Board
shall be the SPGA in the Apartment/Multi-Family (RC), Park (P), Wetland
Resource Protection District (WRP), Business (B), Mixed Use (MU) and
Industrial Districts (I).
[Amended 5-6-2006 ATM by Art. 9]
C.
Requirements:
(1)
It shall be demonstrated that the placement
of a dock and/or pier will not have an adverse impact on coastal ecology,
recreational use of adjoining waters, or the use and enjoyment of
the waterfront by adjoining property owners.
(2)
All proposed docks and/or piers shall be designed
and stamped by a registered engineer.
(3)
Dock and/or pier length:
(a)
The maximum length of any dock and/or pier including
floats outside of the U.S. Army Corps of Engineers hurricane barrier
shall be 75 feet as measured from mean high water (MHW) mark seaward.
(b)
The maximum length of any dock and/or pier including
floats inside of the U.S. Army Corps of Engineers hurricane barrier
shall be the minimum length necessary to have a minimum of 2 1/2
feet of water at mean low water (MLW) at the end of the dock and/or
pier; however, the length shall not exceed 150 feet, whichever is
less.
(4)
No dock, pier, stairs or ramp shall exceed six
feet in width, measured outside the support structure (piling, posts
or railing).
(5)
Setback for any dock and/or pier, and associated
floats, shall be 25 feet to side property lines as measured along
the shoreline.
(6)
Access. Lateral pedestrian passage shall be
provided in the intertidal zone or along the shore for fishing and
fowling purposes.
(7)
Floating docks are permitted. The total area
of any and all floats associated with a dock and/or pier shall not
exceed 300 square feet.
(8)
Two boats or vessels not over 30 feet in overall
length shall be the maximum number permitted on any dock and/or pier.
(9)
Depth of water. At MLW, there shall be minimum
of two and one half feet of water or sufficient navigable water for
the proposed vessel at the end of the dock, pier and/or float system.
(10)
Shellfish on site of any proposed dock and/or
pier shall be removed, replanted or replaced under supervision of
the Shellfish Warden.
(11)
Conservation Commission approvals shall be required
for the construction of all docks and/or piers.
(12)
A building permit shall be required for the
construction of a dock and/or pier.
(13)
All necessary federal and state permits shall
be obtained prior to issuance of a building permit.
D.
Waiver of compliance. The SPGA having jurisdiction
may, in special and appropriate cases, grant a waiver to the above
requirements when in their judgment such action is in the public interest
and not inconsistent with the purpose and intent of the zoning bylaw.[1]
[1]
Editor’s Note: Former § 198-32.3, Temporary moratoria,
added 5-6-2017 ATM by Art. 51, was repealed 11-13-2018 STM by Art.
9.
